Approval is granted with the following terms of clearance. In the next revision or extension request for this collection, VA shall compare the questions on this form to questions on SF 85, SF 86, and OF 306. In any cases where VA requests more information or information for a longer time period than the federal government would require on these forms for adjudicating security clearances or public trust background investigations, VA shall provide justification for why this information is needed.
VA shall also provide justification of why "substance abuse" and "alcohol abuse" are more appropriate for this form than the way similar questions are worded on SF 85, 86, and OF 306.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
03/31/2022
36 Months From Approved
21,560
0
0
5,683
0
0
0
0
0
Application for Accreditation as a Claims Agent or Attorney, is used to obtain basic information necessary to determine whether an individual may be accredited as an agent or attorney for purposes of representation of claimants before VA. The information requested includes basic identifying information, as well as certain information concerning training and experience, military service, and employment. The information is used to evaluate qualifications, ensure against conflicts of interest, and to establish that statutory and regulatory eligibility requirements, e.g., good character and reputation, are met. 38 U.S.C. § 5904(a); 38 C.F.R. § 14.629(b)(1).
Once completed, VA Form 21a is forwarded by the applicant to VA and evaluated manually by an OGC employee to determine whether initial eligibility requirements are met. Applicants for accreditation as claims agents who meet these requirements are then notified that they are eligible to take the VA accreditation examination. VA also contacts character references listed on the form. Applicants are advised to contact their local VA Regional Counsel to make arrangements to take the examination. All completed examinations are forwarded by the Regional Counsel to OGC for grading. Applicants who pass the examination, whose character references are satisfactory, and who otherwise meet the good character and reputation requirement are issued a letter notifying them that they are authorized to represent claimants. Applicants for accreditation as attorneys are not required to pass an examination, but must meet all other qualification requirements.
All applicants who do not qualify for accreditation are informed of the reasons for the denial. Agent applicants who are denied accreditation because they did not achieve a passing score on the examination may retake the examination. Without this form, VA would have no standardized formal means of documenting applicant qualifications. The information collected under VA Form 21a will be expanded under the final rule to account for additional accreditation requirements imposed by Congress in Public Law No. 109-461.
US Code:
38 USC 5902
Name of Law: Recognition of representatives of organizations
US Code:
38 USC 5903
Name of Law: Recognition with respect to particular claims
US Code:
38 USC 5904
Name of Law: Recognition of agents and attorneys generally
US Code:
38 USC 5901
Name of Law: Prohibition against acting as cliams agent or attorney
PL:
Pub.L. 109 - 461 101(i)
Name of Law: Limitation on collection of fee assessment
For more complete explanation see Supporting Statement. For, VA Form 21a and Re-certifications, the adjustment is a program adjustment due to re-characterization of burden hours to provide for greater specificity and change in estimate of the burden hours for the Government. For, Filing of Fee Agreements and Motions for Review, the adjustment is a program adjustment due to change in estimate number of filings.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form VA21a Application for Accreditation as a Claims Agent or Attorney, Filing of Representatives' Fee Agreements and Motions for Review of Such Fee Agreements
60-Day FedRegNotice 2900-0605 Published 07-25-2019.pdf
2900-0605 Justification A (Rev2017) (final) 09252019.docx
Application for Accreditation as a Claims Agent or Attorney, Filing of Representatives' Fee Agreements and Motions for Review of Such Fee Agreements