VA representation compliance for law firms requires accreditation, a properly filed VA Form 21-22a, a fee agreement that meets regulatory standards, and ongoing conduct obligations that do not end at engagement. Get any of those wrong and the firm risks losing direct pay, losing the client's ability to be represented, or drawing a VA OGC investigation.
Who Can Represent Claimants and Charge Fees
Only VA-accredited attorneys and claims agents may charge fees for VA representation. 38 CFR Part 14[1] Accreditation is the authority granted by VA's Office of General Counsel to assist claimants in the preparation, presentation, and prosecution of benefit claims. Without active accreditation, an attorney may not bill a client for that work.
The timing matters. Accreditation must be active when fees are earned, not just when the engagement begins. A new hire who starts working cases before the OGC processes their application is not authorized to earn fees during that window. VA OGC takes 60 to 120 days to process attorney applications. VA OGC Accreditation FAQ[2] Firms should not assign representation work until accreditation is confirmed. The case record should note which accredited attorney of record is assigned and when that assignment is authorized.
Pete can hold current accreditation status and processing timelines in the case file so the attorney review queue reflects only cases with a confirmed accredited attorney assigned.
VA Form 21-22a: Filing Requirements and Record Access Scope
VA Form 21-22a is the instrument that authorizes an attorney to act on a claim. VA will not recognize representation or disclose records to the attorney until the form is filed with the agency of original jurisdiction. 38 CFR § 14.629[3] Filing the 21-22a is not an administrative afterthought. Until it is on file, the attorney cannot legally act on the claim.
The form does more than establish representation. It authorizes VA to disclose claimant records to attorneys, claims agents, and support staff affiliated with the firm. For sensitive record categories, including HIV, drug abuse, and sickle cell anemia, explicit written claimant consent is required beyond the standard form authorization. VA Form 21-22a (July 2023, OMB 2900-0321)[4]
Associated attorneys at the same firm can work on a case without their own 21-22a, but only if the claimant has given written consent. The regulation is explicit: an attorney associated or affiliated with the attorney of record may assist in the representation only upon written claimant consent. 38 CFR § 14.629[3] Firms that use a team model need that consent documented in the case file before associates touch a file.
Pete can flag when 21-22a filing confirmation is absent from the case record and hold the consent documentation for associate access alongside the representation setup documents.
Fee Agreement Structure and the 20 Percent Cap
Direct-pay fee agreements must meet three conditions. The total fee must not exceed 20 percent of past-due benefits awarded. The agreement must be entirely contingent on a favorable result. And the agreement must be filed with the AOJ within 30 days of execution. 38 CFR § 14.636[5] VA OGC Tips on Fee Agreements[6]
A firm can charge more than 20 percent. The regulation permits it. But if the agreement specifies a fee above 20 percent, VA will not assist with collection. The attorney must collect the fee directly from the claimant with no VA direct-pay mechanism available. 38 CFR § 14.636[5] Most firms stay at or below 20 percent specifically to preserve direct pay.
The fee agreement is a case document. It belongs in the case file with an execution date, filing confirmation, and a note on whether the agreement qualifies for direct pay. If a firm uses a standard agreement template, that template still needs to be reviewed by an accredited attorney for compliance before it goes into use. Pete can surface the executed copy and filing status for attorney review. The attorney decides whether the agreement structure fits the case.
The 30-Day Filing Deadline for Direct-Pay Agreements
A copy of a direct-pay fee agreement must be filed with the agency of original jurisdiction within 30 days of execution. 38 CFR § 14.636[5] That deadline is not soft. Missing it is a compliance defect with no obvious regulatory cure, and it creates risk around whether the direct-pay mechanism will function when benefits are awarded.
The 30-day window starts from the date of execution, not from the date representation is formally recognized by VA. Firms that execute agreements and then delay filing while waiting on other intake steps are accumulating risk. The filing date and confirmation should be tracked in the case record as a hard deadline.
Pete can hold the execution date, calculate the 30-day filing deadline, and flag the case for attorney review if filing confirmation has not been entered before that window closes.
VA Fee Reasonableness Review Authority
VA can review any fee agreement and order a reduction if the fee is excessive or unreasonable, regardless of what the agreement says. 88 FR 88302 (Dec. 21, 2023)[7] That authority applies even when the claimant and attorney agreed to the fee in writing. The agreement does not insulate the firm from a VA finding that the fee is too high relative to the work.
The December 2023 Federal Register guidance clarified the intersection between fee reasonableness review and loss of accreditation. An attorney who loses accreditation also loses eligibility for direct payment of fees. 88 FR 88302 (Dec. 21, 2023)[7] That means any active case involving that attorney needs immediate review of the fee agreement structure and the case assignment.
For drafting purposes, fee agreements that are transparently linked to the work performed and the outcome secured are less vulnerable to a reasonableness challenge than flat-percentage agreements with no additional context. An accredited attorney should make the judgment call on fee structure and documentation, with an eye toward what a VA review would examine.
Accreditation Maintenance: CLE and Annual Certification
Attorneys must complete 3 hours of qualifying CLE in the first 12 months following initial accreditation. They must complete an additional 3 hours no later than 3 years from the date of accreditation. After the 3-year mark, 3 hours of qualifying CLE are required every 2 years. Attorneys must also submit an annual certification of good standing. VA OGC Accreditation FAQ[2]
These are not suggestions. Failure to maintain CLE compliance or to file the annual certification can result in suspension or cancellation of accreditation. 38 CFR Part 14[1] For a firm, that means an attorney of record could lose their ability to represent clients mid-case without warning if the firm is not tracking these deadlines.
The case-record implication is direct. Accreditation status and CLE deadlines for each attorney of record should be visible alongside their case assignments. If an attorney's accreditation lapses, every case they are assigned to is affected. Pete can hold accreditation expiration dates and CLE milestone deadlines in the case file so attorney review has a current compliance picture without digging through OGC separately.
Conduct Standards and the Competent Representation Requirement
Accredited attorneys must meet VA's conduct standards, which operate alongside, not instead of, state bar obligations. An attorney providing representation before VA cannot engage in conduct prohibited by the rules of professional conduct in any jurisdiction where the attorney is licensed. 38 CFR § 14.632[8] State bar discipline is not a shield from VA OGC consequences, and a VA OGC sanction does not displace state bar obligations.
Competent representation under 38 CFR § 14.632 requires the knowledge, skill, thoroughness, and preparation necessary for the representation, including understanding the issues of fact and law relevant to the claim. 38 CFR § 14.632[8] That is a case-preparation standard, not just an ethics standard. A firm that hands off a poorly worked case to an attorney for review is not meeting it.
The practical implication: attorney review should be built around prepared case material, not raw source documents. When Pete surfaces a fully analyzed case record, evidence gaps flagged, applicable regulations cited, and draft work product ready for review, the attorney is in a position to actually exercise judgment rather than do the extraction work themselves. That structure supports competent representation in the regulatory sense.
Compliance Documents That Belong in the Case File
A complete compliance record for any active case should include the following, attached to the case and accessible at attorney review:
| Document | What It Confirms | Review Trigger |
|---|---|---|
| VA Form 21-22a with filing confirmation | Representation recognized; records authorized | Before any case action |
| Written claimant consent for associate access | Associates authorized to work the file | Before any associate touches the case |
| Executed fee agreement with execution date | Fee structure and contingency terms confirmed | At engagement |
| 30-day filing confirmation for direct-pay agreement | AOJ filing deadline met | Within 30 days of execution |
| Accreditation status for attorney of record | Attorney authorized to earn fees | At assignment and periodically |
| CLE completion records and next deadline | Accreditation maintenance on track | Annually and at each milestone |
| Annual good-standing certification date | No lapse in accreditation standing | Annually |
If any of these documents are absent, incomplete, or past due, the case has an open compliance gap. Attorney review should not advance to strategy or submission until the compliance record is current. Pete can flag absent or expiring items so the attorney review queue reflects the actual state of the case, not just the substantive claims work.
Related guides
Common questions
When does a VA Form 21-22a need to be filed?
The 21-22a must be filed with the agency of original jurisdiction before the attorney can act on the claim. VA will not recognize representation or disclose records to the attorney until the form is on file.
Can a fee agreement exceed 20 percent of past-due benefits?
A fee above 20 percent is permitted, but VA will not process direct payment in those cases. The attorney must collect the fee directly from the claimant without VA assistance. Most firms stay at or below 20 percent to use direct pay.
What happens if an attorney loses VA accreditation while representing a client?
Loss of accreditation ends the attorney's authority to represent claimants before VA. VA has also clarified that loss of accreditation affects direct payment eligibility, so the fee agreement and case status both need immediate review.
Can associate attorneys at the same firm work on a case without their own 21-22a?
Yes, but only if the claimant has given written consent. The 21-22a authorizes VA to disclose records to affiliated attorneys and support staff, but explicit claimant consent is required, particularly for sensitive record categories.
How long does VA OGC accreditation take to process?
Attorney applications typically take 60 to 120 days to process. Firms should account for that window when hiring or adding accredited staff, and should not assign representation work until accreditation is confirmed.
Keep compliance documents attached to the case
Pete can hold accreditation status, 21-22a filing confirmation, fee agreement copies, and CLE deadlines inside the case file so attorney review has the full compliance picture in one place.
Citations
- 38 CFR Part 14 (38 CFR Part 14)
- VA OGC Accreditation FAQ (VA OGC Accreditation FAQ)
- 38 CFR § 14.629 (38 CFR § 14.629)
- VA Form 21-22a (VA Form 21-22a (July 2023, OMB 2900-0321))
- 38 CFR § 14.636 (38 CFR § 14.636)
- VA OGC Tips on Fee Agreements (VA OGC Tips on Fee Agreements)
- Federal Register, December 2023 (88 FR 88302 (Dec. 21, 2023))
- 38 CFR § 14.632 (38 CFR § 14.632)