[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR14.629] [Page 586-588] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS Sec. 14.629 Requirements for accreditation of service organization representatives; agents; and attorneys. The Regional Counsel of jurisdiction will resolve any question of current qualifications of a service organization representative, agent, or attorney. The claimant, the service organization representative, agent, or attorney, or an official of the organization for which such person acts, or a Department of Veterans Affairs Veterans Service Center Manager may appeal such determination to the General Counsel. (a) Service Organization Representatives. A recognized organization shall file with the Office of the General Counsel VA Form 21 (Application for Accreditation as Service Organization Representative) for each person it desires accredited as a representative of that organization. In recommending a person, the organization shall certify that the designee: (1) Is of good character and reputation and has demonstrated an ability to represent claimants before the Department of Veterans Affairs; (2) Is either a member in good standing or a paid employee of such organization working for it not less than 1,000 hours annually; is accredited and functioning as a representative of another recognized organization; or, in the case of a county veteran's service officer recommended by a recognized State organization, meets the following criteria: (i) Is a paid employee of the county working for it not less than 1,000 hours annually; (ii) Has successfully completed a course of training and an examination which have been approved by a Regional Counsel with jurisdiction for the State; and [[Page 587]] (iii) Will receive either regular supervision and monitoring or annual training to assure continued qualification as a representative in the claim process; and (3) Is not employed in any civil or military department or agency of the United States. (Authority: 38 U.S.C. 501(a), 5902) (b) Agents. (1) An individual desiring accreditation as an agent must establish that he or she is of good character and reputation and is qualified to render assistance to claimants in the presentation of their claim(s). An individual desiring accreditation as an agent must file a completed application with the Office of the General Counsel on VA Form 21a on which the applicant submits the following: (i) His or her full name and business address; (ii) Information concerning the applicant's military and civilian employment history (including character of military discharge, if applicable); (iii) Information concerning representation provided by the applicant before any department, agency, or bureau of the Federal government; (iv) Information concerning any criminal background of the applicant; (v) Information concerning whether the applicant has ever been determined mentally incompetent or hospitalized as a result of a mental disease or disability, or is currently under treatment for a mental disease or disability; (vi) Information concerning whether the applicant was previously accredited as a representative of a veterans service organization and, if so, whether that accreditation was terminated or suspended by or at the request of that organization; (vii) The names, addresses, and phone numbers of three character references; and (viii) Information relevant to whether or not the applicant has any physical limitations which would interfere with the completion of a comprehensive written examination administered under the supervision of a VA Regional Counsel. (2) Applicants must achieve a score of 75 percent or more on a written examination administered by VA as a prerequisite to accreditation. No applicant shall be allowed to sit for the examination more than twice in any 6-month period. (Authority: 38 U.S.C. 501(a), 5904) (c) Attorneys. (1) An attorney may represent a claimant upon submission of authorization as described in Sec. 14.631(a) or (b). (2) If the claimant consents in writing, an attorney associated or affiliated with the claimant's attorney of record or employed by the same legal services office as the attorney of record may assist in the representation of the claimant. (3) A legal intern, law student, or paralegal may not be independently accredited to represent claimants under this paragraph. A legal intern, law student, or certified paralegal may assist in the preparation, presentation, or prosecution of a claim, under the direct supervision of an attorney of record designated under Sec. 14.631(a) or (b), if the claimant's written consent is furnished to the Department of Veterans Affairs. Such consent must specifically state that participation in all aspects of the claim by a legal intern, law student, or paralegal furnishing written authorization from the attorney of record is authorized. In addition, suitable authorization for access to the claimant's records must be provided in order for such an individual to participate. The supervising attorney must be present at any hearing in which a legal intern, law student, or paralegal participates. (See Sec. 20.606). (4) Unless revoked by the claimant, consent provided under paragraph (c)(2) or paragraph (c)(3) of this section shall remain effective in the event the claimant's original attorney is replaced as attorney of record by another member of the same law firm or an attorney employed by the same legal services office. Note to Sec. 14.629: A legal intern, law student, paralegal, or veterans service organization support-staff person, working under the supervision of an individual designated under Sec. 14.631(a) as the claimant's representative, attorney, or agent, may qualify for read-only [[Page 588]] access to pertinent Veterans Benefits Administration automated claims records. (Authority: 38 U.S.C. 501(a), 5904) (The Office of Management and Budget has approved the information collection requirements in this section under control numbers 2900-0018 and 2900-0605.) [53 FR 52421, Dec. 28, 1988, as amended at 55 FR 38057, Sept. 17, 1990; 68 FR 8545, Feb. 24, 2003; 71 FR 28586, May 17, 2006]