Written By: Attorney Jeffrey A. Marshall, CELA*
A new Veteran's Administration (VA) rule that took effect on June 23rd establishes new accreditation requirements for lawyers who represent veterans before the VA.
Accreditation refers to the authority granted by the VA to representatives, agents, and attorneys to assist claimants in the preparation, presentation, and prosecution of claims for VA benefits.
Without accreditation, an individual may not independently assist claimants in the preparation, presentation, and prosecution of claims for VA benefits.
The new accreditation and fee rules are published at 72 Fed. Reg. 29,852 - 29,880 (May 22, 2008). They require that in addition to being a member in good standing of a State bar the lawyer must complete State-bar-approved continuing legal education (CLE) credits in veterans benefits law and procedure to maintain accreditation. (CLE requirements also apply to non-attorneys who act as agents).
An initial 3 hours of State-bar-approved CLE in veterans benefits law and procedure is required for agents and attorneys. Additionally, to maintain accreditation, agents and attorneys will be required to periodically complete 3 hours of State-bar-approved CLE in veterans benefits law and procedure.
Agents and attorneys applying for accreditation must satisfy the initial CLE requirement during the first year of accreditation and must satisfy the follow-on CLE requirement every 2 years thereafter. Upon completion of the initial and follow-on CLE requirements, agents and attorneys must certify in writing to the VA that they have completed qualifying CLE and provide the date and time of the CLE and identification of the CLE provider.
For attorneys, the initial accreditation process consists of filing an application with the VA General Counsel, self-certification of admission information concerning practice before any other court, bar, or State or Federal agency, and a determination of character and fitness. The General Counsel will presume an attorney's character and fitness to practice before VA based on State bar membership in good standing unless the General Counsel receives credible information to the contrary.
As a further condition of initial accreditation, both agents and attorneys are required to complete 3 hours of qualifying continuing legal education (CLE) during the first 12-month period following the date of initial accreditation by VA. The CLE course must be approved for a minimum of 3 hours of CLE credit by any State bar association and, at a minimum, must cover the following topics: representation before VA, claims procedures, basic eligibility for VA benefits, right to appeal, disability compensation (38 U.S.C. Chapter 11), dependency and indemnity compensation (38 U.S.C. Chapter 13), and pension (38 U.S.C. Chapter 15).
To maintain accreditation, agents and attorneys are required to complete an additional 3 hours of qualifying CLE on veterans benefits law and procedure not later than 3 years from the date of initial accreditation and every 2 years thereafter.
The new rule also covers the issue of attorney's fees.
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