A VA disability client onboarding workflow has seven required steps: consult, POA execution, fee agreement execution and filing, intent to file submission, source record requests, case record assembly, and handoff to active workup. Each step has a specific regulatory anchor, a deadline or handoff owner, and a consequence if skipped. The order matters because a missed filing window or an incomplete representation document can compromise the firm's compliance standing and the client's effective date.
What the Case Record Needs Before Staff or Attorney Review Begins
Before any staff member or attorney touches case strategy, the case record needs to be workable. A workable record at onboarding includes the signed POA, the executed fee agreement, the DD214 or other service verification, any prior VA rating decisions, a service-period summary, and the list of claimed conditions the attorney identified at consult. That is the floor.
Source records that arrive later, including service medical records, private treatment records, and VA medical records, attach to the case as they come in. Staff should not wait for complete records to open the case file. Gaps in the record are part of what the case file tracks. An empty slot for a service treatment record is more useful than a blank case file, because it makes the gap visible and assignable.
What the case record does not need at opening is a fully developed theory or a complete evidence set. Those come from workup. What it does need is enough to execute representation documents, identify the records to request, and give the attorney a starting point for claim strategy.
POA Execution and Filing: Form 21-22a Requirements and Revocation Risk
VA Form 21-22a is the instrument that authorizes an individual attorney or agent to represent a claimant before the VA and authorizes VA to disclose claimant information to the firm. 38 CFR § 14.631[1] Without a filed 21-22a, the firm cannot access VA records, communicate with VA on the client's behalf, or represent the client at any stage of the claim.
VA recognizes only one representative at a time for a given claim. 38 CFR § 14.631[1] When the firm files a new 21-22a, it automatically revokes any prior POA unless the claimant specifically states otherwise. This is not a courtesy notice provision. It is automatic revocation by regulation. The case-work implication is real: staff should confirm whether a prior representative is on file before the new POA is executed. If a VSO or prior attorney is still on record, the firm needs to know that before filing, not after, because the revocation affects that representative's access and any pending work they may have underway.
Form 21-22a authorizes VA to disclose records not only to the named attorney but also to associate attorneys, claims agents, and support staff affiliated with the firm as listed on the form. VA Form 21-22a[2] The firm name on the form controls that disclosure scope. Firms should verify the form lists the correct entity name before filing.
Fee Agreement Execution and the 30-Day Filing Deadline
A fee agreement between a VA-accredited attorney or agent and a claimant must be in writing and signed by both the claimant and the attorney or agent. 38 CFR § 14.636[3] A direct-pay fee agreement, one in which VA withholds fees from past-due benefits and pays the attorney directly, must be filed with the VA Evidence Intake Center within 30 days of execution. 38 CFR § 14.636[4]
Missing that 30-day window creates a compliance gap. OGC reviews fee agreement filings as part of accreditation oversight. VA OGC – Accreditation, Discipline, & Fees Program[5] A late filing does not automatically invalidate the agreement, but it is the kind of deficiency that surfaces during accreditation review and invites scrutiny of the firm's compliance practices.
The 30-day clock starts at execution, not at POA filing or case opening. Staff should treat fee agreement execution and POA execution as parallel tasks, both completed at the same client meeting, with the fee agreement filing deadline tracked as a case-record deadline from the moment the document is signed.
Fees greater than 20 percent of past-due benefits trigger a separate rule: the attorney is responsible for collecting those fees without VA's assistance. 38 CFR § 14.636[3] The fee agreement should state the arrangement clearly. That is a term the attorney decides. Staff documents the execution date and files the copy; the attorney reviews the fee structure and signs.
Intent to File: When to Submit, What It Protects, and When It Expires
An intent to file preserves a potential effective date for up to one year by establishing a placeholder date before a complete claim is submitted. 38 CFR § 3.155[6] The ITF does not need to identify specific conditions or the particular benefit sought in detail. It needs to identify the general benefit type, such as compensation. Federal Register – Standard Claims and Appeals Forms[7]
The one-year window is hard. If a complete claim is not filed within one year of the ITF receipt date, VA takes no further action. The potential earlier effective date is lost. A new ITF or a complete claim must be filed to restart the clock. 38 CFR § 3.155[6]
In the onboarding sequence, the ITF should be filed as early as possible after the attorney decides to take the case. The POA gives the attorney authority to file it on the client's behalf. An ITF filed before the complete claim is ready buys the firm time to gather records, develop the theory, and get the 526EZ right. Firms that delay ITF filing until the claim is ready miss the point: the ITF exists to protect effective date while preparation happens.
One note on electronic applications: when a 526EZ is initiated and saved in VA's web-based electronic claims system before being submitted as a complete claim, VA treats that saved application as an ITF. 38 CFR § 3.155[6] Staff should document the initiation date as the ITF date and track the one-year expiration as a hard deadline in the case record.
Source Record Requests and VA's Duty to Assist
VA has a statutory duty to assist claimants in obtaining evidence once a substantially complete claim is filed. 38 CFR § 3.159[8] For disability compensation claims, that duty extends to service medical records, VA medical records, other relevant records held by federal entities, and any other records the claimant identifies with enough specificity for VA to locate them.
The duty to assist is triggered by a substantially complete claim, meaning the 526EZ has been filed. It does not apply during the ITF window. That is the firm's window to work.
A substantially complete claim must include the claimant's name, enough service information for VA to verify the claimed service, the benefit sought, the medical conditions claimed, and the claimant's signature. VA Form 21-526EZ[9] Filing a claim that does not meet that threshold does not trigger VA's duty to develop.
Staff can drive record requests during onboarding. The attorney directs which records to pursue based on the claimed conditions and the theory identified at consult. Staff gathers what the claimant can provide, identifies custodians and approximate time frames, and documents the request in the case record. Records that arrive later attach to the case and update the evidence review. Records that do not arrive become tracked gaps with follow-up tasks. The attorney reviews the gap list and decides what to develop privately versus what VA's development duty should cover.
Staff Roles, Supervision Requirements, and the Attorney Review Boundary
Paralegals, legal interns, law students, and support staff can assist in the preparation, presentation, and prosecution of VA claims, but only under the direct supervision of an attorney of record and only if the claimant provides written consent to VA. 38 CFR Part 14[10] The attorney of record remains responsible for competent representation throughout.
At onboarding, staff can do most of the mechanical work: collecting signed forms, identifying prior decisions and existing records, assembling the case file, tracking deadlines, flagging gaps, initiating record requests, and preparing draft documents for attorney review. What staff cannot do is provide strategic advice, decide claim theory, evaluate whether a theory is viable, or submit any document without attorney sign-off when the document affects the client's legal position.
The boundary is not about effort. It is about authorization and judgment. Staff clears preparation and readiness blockers. The accredited attorney decides what to file, when to file it, what theory to advance, and what advice to give the client. That boundary holds at every stage of the workflow, including onboarding.
Firms that train staff to recognize that boundary protect the firm's accreditation standing and protect clients from inadvertent unauthorized practice. Supervision documentation, written consent, and clear task assignment in the case record all support that protection.
Onboarding Handoff: Moving from Signed Engagement to Active Case Workup
The onboarding stage ends and the active workup stage begins when the case record is complete enough for the attorney to make an informed initial strategy call. That means the POA is filed, the fee agreement is filed, the ITF is on record, source records have been requested and the gap list is documented, and the attorney has reviewed what exists.
A clean handoff requires a structured case record, not a folder of documents. The difference is that a structured record surfaces what is missing and what decisions are open, not just what has been collected. Staff assembles the record. The attorney reviews it and resolves the open items that require judgment: which conditions to claim, which theory of service connection applies, whether the ITF window gives enough time, and which evidence gaps need private development before the 526EZ is filed.
After that review, the attorney's decisions update the case record: conditions confirmed, theory noted, deadlines confirmed, and tasks assigned for workup. Staff then works from that current case state, knowing what the attorney has already decided and what remains open.
The checklist below maps each onboarding element to the owner and the case-record action it produces.
| Onboarding element | Owner | Case-record output |
|---|---|---|
| POA (21-22a) execution and filing | Staff prepares, attorney reviews, staff files | Filed POA document, prior POA revocation confirmed |
| Fee agreement execution and 30-day filing | Attorney executes, staff files within 30 days | Executed agreement, filing deadline tracked |
| ITF submission | Staff files after attorney decision | ITF date, one-year expiration deadline |
| Source record identification | Staff collects with attorney direction | Record request log, gap list |
| 526EZ preparation | Staff prepares, attorney reviews and approves | Draft claim, open items for attorney sign-off |
| Initial strategy review | Attorney | Theory documented, conditions confirmed, open gaps assigned |
Nothing in the case record replaces attorney judgment on strategy, submissions, or advice. The record exists to give the attorney a complete, current picture so that judgment can be fast and well-grounded.
Related guides
Common questions
When does a direct-pay fee agreement have to be filed with VA?
Within 30 days of execution. It goes to the VA Evidence Intake Center. Missing that window creates a compliance gap that OGC can flag during accreditation review.
Does filing a new VA Form 21-22a automatically cancel the client's prior representative?
Yes. Under 38 CFR § 14.631, receipt of a new POA revokes an existing one unless the claimant specifically states otherwise. Firms should confirm no prior representation is active before filing.
What has to be in a substantially complete claim at the time of filing?
The claimant's name, enough service information for VA to verify service, the benefit sought, the medical conditions on which it is based, and the claimant's signature, per VA Form 21-526EZ instructions.
Can paralegals and support staff handle VA claim work at onboarding?
They can assist with preparation under direct attorney supervision if the claimant provides written consent to VA. The attorney of record remains responsible for competent representation under 38 CFR Part 14.
What is the risk if an intent to file is submitted but a complete claim is never filed?
VA takes no further action on the ITF after one year. The potential earlier effective date is lost and a new ITF or complete claim must be filed to restart the clock under 38 CFR § 3.155.
Build the case record from day one
Pete organizes source material, representation documents, deadlines, and evidence gaps into a structured case file so staff and attorneys start from the same record.
Citations
- 38 CFR § 14.631 (38 CFR § 14.631)
- VA Form 21-22a (VA Form 21-22a)
- 38 CFR § 14.636 (38 CFR § 14.636)
- VA OGC – Tips on Fee Agreements (38 CFR § 14.636)
- VA OGC – Accreditation, Discipline, & Fees Program
- 38 CFR § 3.155 (38 CFR § 3.155)
- Federal Register – Standard Claims and Appeals Forms
- 38 CFR § 3.159 (38 CFR § 3.159)
- VA Form 21-526EZ (VA Form 21-526EZ)
- 38 CFR Part 14 (38 CFR Part 14)