How to Get VA Accreditation: Forms, Exam, and Fee Rules

To get VA accreditation, you apply to the Department of Veterans Affairs Office of General Counsel under one of three tracks: as a Veterans Service Organization representative, as a claims agent, or as an attorney. Each track uses a different form, and claims agents must also pass a written exam. Federal regulations bar anyone else from assisting claimants with VA benefits claims in a professional capacity, so choosing the right track and completing it correctly is the first real step in representing veterans.

Which Accreditation Track Applies to You

The path you take depends entirely on who you are professionally. The three categories are not interchangeable.

If you plan to work under a recognized Veterans Service Organization such as the American Legion, Disabled American Veterans, or Veterans of Foreign Wars, the organization recommends you for accreditation. VSO representatives cannot charge fees for their services.¹

If you are a non-attorney working independently, you apply as a claims agent. You must pass a written examination and satisfy character and fitness requirements, and you may charge fees, but only under the conditions described later.²

If you are a licensed attorney, you do not take the claims agent exam. The Office of General Counsel presumes your character and fitness based on active bar membership in good standing, unless it receives credible information suggesting otherwise.²

A Narrow Exception for a Single Claim

If you only want to help one specific person with one specific claim and will not charge anything, you can be authorized without accreditation by filing VA Form 21-22a along with a signed statement confirming no compensation will be paid. This is one claim, one time. The General Counsel can grant a further exception in unusual circumstances, such as when few accredited representatives are available to the claimant, but the same ethical standards and consequences apply.³

The Application Forms

There are two separate application forms. Using the wrong one is a common cause of delay.

VA Form 21 for VSO Representatives

Your organization files VA Form 21 on your behalf. It collects your personal information, military service history, relationship to the organization, and whether you are a member in good standing or a paid employee working at least 1,000 hours annually for the organization. County and tribal veterans service officers use the same form but must additionally confirm they have completed VA-approved state training and examination and will receive regular state supervision or annual training.⁴

VA Form 21a for Claims Agents and Attorneys

Claims agents and attorneys use VA Form 21a. It is more detailed, covering educational background, employment history, and any admissions to practice before courts, bars, or government agencies. A fitness section requires disclosure of criminal history, professional disciplinary actions, and bar grievances.⁵

The Office of General Counsel uses these answers to make an affirmative determination of your character and fitness. Incomplete or inaccurate responses are the most common cause of processing delays, so verify every date and description before submitting. Both forms are posted on the OGC website.⁶

Where to Send It

You can submit your application by mail to the Office of the General Counsel (022D), 810 Vermont Avenue NW, Washington, DC 20420, or by fax to (202) 495-5457.⁷

The Claims Agent Examination

If you are applying as a claims agent, expect one hurdle attorneys skip. The OGC administers a written examination online, and you must be approved to sit for it. That means OGC first reviews your Form 21a. The exam is closed-book and multiple choice.⁶

The VA recommends studying specific portions of federal law and regulations. You need solid command of these areas:

General VA administration and how the Department processes claims
Service-connected disability compensation and the rating schedule
Dependency and indemnity compensation for surviving spouses and dependents
Needs-based pension benefits for wartime veterans
Claims procedures from initial filing through the Board of Veterans’ Appeals
The regulations governing accredited representatives, fee agreements, and conduct

Study the statutory chapters the VA recommends rather than relying on commercial prep alone. The questions test your ability to apply the actual regulations, not just recognize terminology.⁶

What Happens After You Apply

Once your completed application reaches the OGC, the agency opens a background investigation. For claims agents, OGC now waits until after you pass the exam before contacting the character references on your Form 21a, so your references are not burdened if you don’t clear the test.⁶

Processing times vary and often stretch to several months, depending on application volume and the complexity of your background. If everything checks out, OGC issues a formal letter of accreditation. Your name and contact information then appear in the VA’s public searchable database, which veterans can use to confirm anyone offering to help with their claims is authorized to do so.⁸

Keeping Your Accreditation Active

Approval is the start, not the finish. Continuing education and reporting duties keep your status current.

Continuing Legal Education

Claims agents and attorneys must complete 3 hours of qualifying CLE during the first 12 months after initial accreditation. The course must be approved for at least 3 hours of credit by any state bar association and must cover representation before the VA, claims procedures, basic eligibility, disability compensation, survivor benefits, and pension.²

After that, you must complete another 3 hours no later than 3 years from your initial accreditation date, and then every 2 years after that. The two-year cycle does not begin immediately after the first year; there is a built-in gap between the initial 12-month requirement and the follow-up deadline at the three-year mark.⁹

Courses completed before your accreditation date do not count. The VA’s FAQ is explicit: only courses taken after accreditation qualify.⁹

Annual Certification and Updates

Accredited attorneys and claims agents must submit an annual certification of good standing for any court, bar, or government agency where they are admitted to practice. You must also promptly notify OGC of changes to your contact information or professional standing, including bar disciplinary actions for attorneys. Letting this information go stale is one of the fastest ways to lose accreditation.⁷

Fee Rules You Need to Know Before You Charge

Accreditation lets agents and attorneys charge fees, but not freely. The rules trip up more new representatives than any other part of the program.

You cannot charge any fee for services provided before the agency of original jurisdiction issues its initial decision on a claim. That prohibition covers initial claims for benefits, initial claims for a rate increase, and most supplemental claims. The only exceptions involve VA home loan proceedings under chapter 37 and situations where a disinterested third party pays the fee.¹⁰

VSO representatives can never charge fees at all. Their organizations certify to the Secretary that no fee or compensation of any nature will be charged for claim-related services.¹

When fees are permissible, a fee that does not exceed 20 percent of past-due benefits awarded is presumed reasonable. A fee exceeding 33⅓ percent is presumed unreasonable. Both presumptions can be rebutted, but the burden shifts depending on which side of the line you fall on.¹¹ For direct-pay agreements, where the VA pays you out of the veteran’s past-due benefits, the total fee cannot exceed 20 percent.¹²

Every fee agreement must be filed with the VA within 30 days of execution. Direct-pay agreements go to the agency of original jurisdiction; non-direct-pay agreements go to the OGC. The VA may accept late filings if you can show sufficient cause, but missing the deadline creates unnecessary risk.¹²

Standards of Conduct and How Accreditation Can Be Lost

Every accredited representative must provide competent representation, defined by regulation as having the knowledge, skill, thoroughness, and preparation necessary, including familiarity with the federal law and regulations governing veterans’ benefits. You must also act with reasonable diligence, respond promptly to VA requests, and be truthful with claimants and the Department.¹³

Common violations that lead to discipline include:

Fraud, deceit, or misrepresentation toward claimants or the VA
Charging, soliciting, or receiving fees that are clearly unreasonable or prohibited
Misleading, threatening, or deceiving a claimant about benefits or rights
Delaying a claim’s processing without good cause
Sharing information the VA provided for representation without the claimant’s consent

Attorneys carry an additional exposure: they must comply with the professional conduct rules of every jurisdiction where they hold a license, and a bar violation elsewhere can trigger VA disciplinary proceedings even when the conduct was unrelated to veterans’ claims.¹³

The VA can suspend or cancel accreditation for violating VA regulations, presenting fraudulent claims, demanding unlawful fees, filing frivolous arguments, or being suspended or disbarred by any court or agency. Accreditation is also canceled when the General Counsel determines a representative lacks the competence to adequately handle claims. The process starts when OGC receives credible written information about improper conduct or incompetence, and the representative is notified of the allegations and given an opportunity to respond before any final action.¹⁴

1
Office of the Law Revision Counsel. United States Code Title 38 Part IV Chapter 59 – Agents and Attorneys
2
eCFR. 38 CFR 14.629 – Requirements for Accreditation of Service Organization Representatives, Agents, and Attorneys
3
eCFR. 38 CFR 14.630 – Authorization for a Particular Claim
4
U.S. Department of Veterans Affairs. VA Form 21 – Application for Accreditation as Service Organization Representative
5
U.S. Department of Veterans Affairs. VA Form 21a – Application for Accreditation as a Claims Agent
6
U.S. Department of Veterans Affairs. Office of General Counsel Accreditation, Discipline, and Fees Program
7
U.S. Department of Veterans Affairs. How to Apply for VA Accreditation
8
U.S. Department of Veterans Affairs. OGC – Accreditation Search
9
U.S. Department of Veterans Affairs. Accreditation Frequently Asked Questions – Section: Continuing Legal Education (CLE)
10
eCFR. 38 CFR 14.636 – Payment of Fees for Representation by Agents and Attorneys in Proceedings Before Agencies of Original Jurisdiction and Before the Board of Veterans’ Appeals
11
Office of the Law Revision Counsel. United States Code Title 38 Section 5904
12
eCFR. 38 CFR 14.636 – Payment of Fees for Representation by Agents and Attorneys
13
eCFR. 38 CFR 14.632 – Standards of Conduct for Persons Providing Representation Before the Department
14
eCFR. 38 CFR 14.633 – Cancellation of Accreditation