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.
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