Atty For Vets Regs-

[Berta]

The proposed regs are about 24 pages long-

they include this clause and I had no idea that VA counsel had any jurisdiction over our reps-I don't know if this is a new criteria or if it was always somewher in the regs but I sure never saw this before-

I had a recent matter with Regional Counsel up here at the Buffalo VA-

it was obvious to him I am sure that I had gotten lousy representation up to that point.I believe I used the term 'idiots' referring to 2 of my reps- and certainly told him they didnt have a clue on basic VA 101.

I sure am copying this baby-------

(d) Accreditation or authority to provide representation on a

particular claim shall be canceled when the General Counsel finds that

the performance of an individual providing representation under Sec.

14.630, representative, agent, or attorney before VA demonstrates a

lack of the degree of competence necessary to adequately prepare,

present, and prosecute claims for veteran's benefits)

the whole thing is here-from the proposed regs that are still open for public comment until first week in June at the Fed Reg wqeb site.

© Accreditation or authority to provide representation on a

particular claim shall be canceled when the General Counsel finds, by

clear and convincing evidence, one or more of the following:

(1) Violation of or refusal to comply with the laws administered by

VA or with the regulations governing practice before VA including the

standards of conduct in Sec. 14.632;

* * * * *

(4) Presenting to VA a frivolous claim, issue, or argument. A

claim, issue, or argument is frivolous if the individual providing

representation under Sec. 14.630, representative, agent, or attorney

is unable to make a good faith argument on the merits of the position

taken or to support the position taken by a good faith argument for an

extension, modification, or reversal of existing law;

(5) Suspension or disbarment by any court, bar, or Federal or State

agency to which such individual providing representation under Sec.

14.630, representative, agent, or attorney was previously admitted to

practice, or disqualification from participating in or

[[Page 25940]]

appearing before any court, bar, or Federal or State agency and lack of

subsequent reinstatement;

(6) Charging excessive or unreasonable fees for representation as

determined by VA, the Court of Appeals for Veterans Claims, or the

United States Court of Appeals for the Federal Circuit; or

(7) Any other unlawful, unprofessional, or unethical practice.

(d) Accreditation or authority to provide representation on a

particular claim shall be canceled when the General Counsel finds that

the performance of an individual providing representation under Sec.

14.630, representative, agent, or attorney before VA demonstrates a

lack of the degree of competence necessary to adequately prepare,

present, and prosecute claims for veteran's benefits.

(e) As to cancellation of accreditation under paragraphs © or (d)

of this section, upon receipt of information from any source indicating

improper conduct, or incompetence, the Assistant General Counsel of

jurisdiction shall initiate an inquiry into the matter. If the matter

involves an accredited representative of a recognized organization,

this inquiry shall include contact with the representative's

organization.

(1) If the result of the inquiry does not justify further action,

the Assistant General Counsel will close the inquiry and maintain the

record for 3 years.

(2) If the result of the inquiry justifies further action, the

Assistant General Counsel shall:

(i) Inform the General Counsel of the result of the inquiry and

notify the individual providing representation under Sec. 14.630,

representative, agent or attorney of an intent to cancel accreditation

or authority to provide representation on a particular claim. The

notice will be sent to individuals providing representation on a

particular claim by certified or registered mail to the individual's

last known address of record as indicated on the VA Form 21-22a on file

with the agency of original jurisdiction. The notice will be sent to

accredited individuals by certified or registered mail to the

individual's last known address of record as indicated in VA's

accreditation records. The notice will state the reason(s) for the

cancellation proceeding and advise the individual to file an answer, in

oath or affidavit form or the form specified for unsworn declarations

[Berta]

Apparently it punches up the older version:

http://209.85.165.104/custom?q=cache:vGnTk...090988506854078

I wonder if any claimant ever filed a complaint on their reps with the VA General Counsel ???

[SLEDGE]

"(d) Accreditation or authority to provide representation on a

particular claim shall be canceled when the General Counsel finds that

the performance of an individual providing representation under Sec.

14.630, representative, agent, or attorney before VA demonstrates a

lack of the degree of competence necessary to adequately prepare,

present, and prosecute claims for veteran's benefits)"

Well folks, How is your new lawyer going to help you after an 'erroneous' dismissal from your case by the 'VA'?

That little piece of wisdom gives the OIG the ammunition to screw around with anyone that does not toe the official, hidden agenda.

While a lawyer fights to renew accreditation, we just sit back like a lump on a log.

Congress and their pet project, the VA, win while the lawyers all start to wonder if the patriotic representation of previously screwed veterans is really worth the hassle.

Congress will never allow us expert reps without maintaining a lot of control over those people and what they are trying to do.

Could we be in the market for a new batch of elected reps on Capitol Hill??

Have a nice day, sledge