Application for Accreditation
as a Claims Agent or Attorney, Filing of Representatives' Fee
Agreements and Motions for Review of Such Fee Agreements
Reinstatement with change of a previously approved collection
No
Regular
12/20/2023
Requested
Previously Approved
36 Months From Approved
34,695
0
8,297
0
0
0
(1) Applicants seeking accreditation
as claims agents or attorneys to represent benefits claimants
before VA must file VA Form 21a, Application for Accreditation as a
Claims Agent or Attorney, with VA's Office of General Counsel
(OGC). The information requested in VA Form 21a includes basic
identifying information, as well as certain information concerning
training and experience, military service, and employment. See 38
U.S.C. 5901; 38 CFR 14.629(b). (2) If accredited agents and
attorneys wish to maintain accreditation, they must file
recertifications with OGC that they have completed Continuing Legal
Education (CLE) requirements and are in good standing with other
courts, bars, and Federal and State agencies. See 38 U.S.C.
5904(a)(2)-(3); 38 CFR 14.629(b). (3) Accredited agents and
attorneys must file with VA any agreement for the payment of fees
charged for representing claimants before VA. 38 U.S.C. 5904(c)(2);
38 CFR 14.636(g). (4) Claimants, accredited agents, or accredited
attorneys may request an OGC determination on a reasonable fee
allocation in a given case. If they do, OGC will solicit (optional)
responses from the other parties in the case. 38 U.S.C. 5904(c)(3);
38 CFR 14.636(i). (1) The information in the VA Form 21a is used by
OGC to determine the applicant’s eligibility for accreditation as a
claims agent or attorney. More specifically, it 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. (2) The information
in recertifications is used by OGC to monitor whether accredited
attorneys and agents continue to have appropriate character and
reputation and whether they remain fit to prepare, present, and
prosecute VA benefit claims. (3) The information in a fee agreement
is used by the Veterans Benefits Administration (VBA) to associate
the fee agreement with the claimant's claims file, to potentially
determine the attorney or agent’s fee eligibility, and to
potentially process direct payment of a fee from the claimant's
past-due benefits. It is used by OGC to monitor whether the
agreement is in compliance with laws governing paid representation,
and to potentially review fee reasonableness. (4) The information
in a request for OGC fee review, or a response to such request, is
used by OGC to determine the agents’ or attorneys’ contribution to
and responsibility for the ultimate outcome of the claimant's
claim, so that a determination on reasonable fees can be
rendered.
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
US Code: 38
USC 5902 Name of Law: Recognition of representatives of
organizations
PL:
Pub.L. 109 - 461 101(i) Name of Law: Limitation on collection
of fee assessment
Application for Accreditation as a Claim Agent or Attorney
Total Request
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in
Estimate
Change Due to Potential Violation of
the PRA
Annual Number of Responses
34,695
0
0
0
13,135
21,560
Annual Time Burden (Hours)
8,297
0
0
0
2,614
5,683
Annual Cost Burden (Dollars)
0
0
0
-588,529
588,529
0
No
No
a. VA Form 21a and
Recertifications: The adjustments are program adjustments due to
change in estimate of the number of filings and type of filers. b.
Filing of Fee Agreements and Requests for OGC Fee Review: The
adjustment is a program adjustment due to change in estimate number
of filings. Both numbers have increased because of an increase in
cases where a claimant is represented by an attorney or agent. c.
Motion for Review of Representative’s Charges: VA may have a need
to collect information for purposes of reviewing the expenses of
agents and attorneys under 38 C.F.R. § 14.637; however, the
information does not constitute a collection of information because
of its infrequency of occurrence. See 5 C.F.R. 1320.3(c). Because
(c) is not a collection of information for purposes of 5 C.F.R.
part 1320, VA will not request that it be included in this
collection.
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.
Response to OMB - 2900-0605 clean.docx
Application for Accreditation as a Claims Agent or Attorney, Filing of Representatives' Fee Agreements and Motions for Review of Such Fee Agreements