Termination Of Accreditation

[Berta]

I rattle this reg off so much- best to just post it here-I sure hope NONE of you ecver need to use it but I sure did.

14.633 Termination of accreditation or authority to provide representa-tion under §14.630. (a) Accreditation or authority to pro-vide representation on a particular claim under §14.630 may be suspended or canceled at the request of an organi-zation, individual providing represen-tation under §14.630, representative, agent, or attorney. When an organiza-tion requests suspension or cancella-tion of the accreditation of a represent-ative due to misconduct or lack of competence on the part of the rep-resentative or because the representa-tive resigned to avoid suspension or cancellation of accreditation for mis-conduct or lack of competence, the or-ganization shall inform VA of the rea-son for the request for suspension or cancellation and the facts and cir-cumstances surrounding any incident that led to the request. (:) Accreditation shall be canceled at such time as a determination is made by the General Counsel that any re-quirement of §14.629 is no longer met by a representative, agent, or attorney. © Accreditation or authority to pro-vide representation on a particular claim shall be canceled when the Gen-eral Counsel finds, by clear and con-vincing 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 prac-tice before VA including the standards of conduct in §14.632; (2) Knowingly presenting or pros-ecuting a fraudulent claim against the United States, or knowingly providing false information to the United States; (3) Demanding or accepting unlawful compensation for preparing, pre-senting, prosecuting, or advising or consulting, concerning a claim; (4) Knowingly presenting to VA a frivolous claim, issue, or argument. A claim, issue, or argument is frivolous if the individual providing representation under §14.630, representative, agent, or attorney is unable to make a good faith argument on the merits of the po-sition 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 rep-resentation under §14.630, representa-tive, agent, or attorney was previously admitted to practice, or disqualifica-tion from participating in or appearing before any court, bar, or Federal or State agency and lack of subsequent reinstatement; (6) Charging excessive or unreason-able fees for representation as deter-mined by VA, the Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Cir-cuit; or (7) Any other unlawful or unethical practice adversely affecting an individ-ual’s fitness for practice before VA. (d) Accreditation or authority to pro-vide representation on a particular claim shall be canceled when the Gen-eral Counsel finds that the perform-ance of an individual providing rep-resentation under §14.630, representa-tive, agent, or attorney before VA dem-onstrates a lack of the degree of com-petence necessary to adequately pre-pare, present, and prosecute claims for veteran’s benefits. A determination that the performance of an individual providing representation under §14.630, representative, agent, or attorney be-fore VA demonstrates a lack of the de-gree of competence required to rep-resent claimants before VA will be based upon consideration of the fol-lowing factors: (1) The relative complexity and spe-cialized nature of the matter; (2) The individual’s general experi-ence; (3) The individual’s training and ex-perience; and (4) The preparation and study the in-dividual is able to give veterans bene-fits matters and whether it is feasible to refer such matters to, or associate or consult with, an individual of estab-lished competence in the field of prac-tice. VerDate Aug<31>2005 14:58 Aug 20, 2008 Jkt 214139 PO 00000 Frm 00596 Fmt 8010 Sfmt 8010 Y:\SGML\214139.XXX 214139yshivers on PROD1PC62 with CFR

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587 Department of Veterans Affairs § 14.633 (e) As to cancellation of accredita-tion under paragraphs © or (d) of this section, upon receipt of credible writ-ten information from any source indi-cating improper conduct, or incom-petence, the Assistant General Counsel of jurisdiction shall inform the subject of the allegations about the specific law, regulation, or policy alleged to have been violated or the nature of the alleged incompetence and the source of the complaint, and shall provide the subject with the opportunity to re-spond. If the matter involves an ac-credited representative of a recognized organization, the notice shall include contact with the representative’s orga-nization. When appropriate, including situations where no harm results to the claimant or VA, the Assistant General Counsel will provide the subject with an opportunity to correct the offending behavior before deciding whether to proceed with a formal inquiry. If the subject refuses to comply and the mat-ter remains unresolved, or the behavior subsequently results in harm to a claimant or VA, the Assistant General Counsel shall immediately initiate a formal inquiry into the matter. (1) If the result of the inquiry does not justify further action, the Assist-ant General Counsel will close the in-quiry and maintain the record for 3 years. (2) If the result of the inquiry justi-fies further action, the Assistant Gen-eral Counsel shall: (i) Inform the General Counsel of the result of the inquiry and notify the in-dividual providing representation under §14.630, representative, agent or attorney of an intent to cancel accredi-tation or authority to provide rep-resentation on a particular claim. The notice will be sent to individuals pro-viding 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 can-cellation proceeding and advise the in-dividual to file an answer, in oath or affidavit form or the form specified for unsworn declarations under penalty of perjury in 28 U.S.C. 1746, within 30 days from the date the notice was mailed, responding to the stated reasons for cancellation and explaining why he or she should not be suspended or ex-cluded from practice before VA. The notice will also advise the individual of the right to submit additional evidence and the right to request a hearing on the matter. Requests for hearings must be made in the answer. If the indi-vidual does not file an answer with the Office of the General Counsel within 30 days of the date that the Assistant General Counsel mailed the notice, the Assistant General Counsel shall close the record and forward it with a rec-ommendation to the General Counsel for a final decision. (ii) In the event that a hearing is not requested, the Assistant General Coun-sel shall close the record and forward it with a recommendation to the General Counsel for a final decision. (iii) The Assistant General Counsel may extend the time to file an answer or request a hearing for a reasonable period upon a showing of sufficient cause. (iv) For purposes of computing time for responses to notices of intent to cancel accreditation, days means cal-endar days. In computing the time for filing this response, the date on which the notice was mailed by the Assistant General Counsel shall be excluded. A response postmarked prior to the expi-ration of the 30th day shall be accepted as timely filed. If the 30th day falls on a weekend or legal holiday, the first business day thereafter shall be in-cluded in the computation. As used in this section, legal holiday means New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Me-morial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the State in which the individual resides. (f) If a hearing is requested, it will be held at the VA Regional Office nearest the individual’s principal place of busi-ness. If the individual’s principal place of business is Washington, DC, the VerDate Aug<31>2005 14:58 Aug 20, 2008 Jkt 214139 PO 00000 Frm 00597 Fmt 8010 Sfmt 8010 Y:\SGML\214139.XXX 214139yshivers on PROD1PC62 with CFR

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588 38 CFR Ch. I (7–1–08 Edition) § 14.634 hearing will be held at the VA Central Office or other VA facility in Wash-ington, DC. For hearings conducted at either location, the Assistant General Counsel or his or her designee shall present the evidence. The hearing offi-cer shall not report, directly or indi-rectly to, or be employed by the Gen-eral Counsel or the head of the VA agency of original jurisdiction before which the individual provided represen-tation. The hearing officer shall pro-vide notice of the hearing to the indi-vidual providing representation under §14.630, representative, agent, or attor-ney by certified or registered mail at least 21 days before the date of the hearing. Hearings shall not be sched-uled before the completion of the 30- day period for filing an answer to the notice of intent to cancel accredita-tion. The hearing officer will have au-thority to administer oaths. The party requesting the hearing will have a right to counsel, to present evidence, and to cross-examine witnesses. Upon request of the individual requesting the hearing, an appropriate VA official des-ignated in §2.1 of this chapter may issue subpoenas to compel the attend-ance of witnesses and the production of documents necessary for a fair hearing. The hearing shall be conducted in an informal manner and court rules of evi-dence shall not apply. Testimony shall be recorded verbatim. The evidentiary record shall be closed 10 days after the completion of the hearing. The hearing officer shall submit the entire hearing transcript, any pertinent records or in-formation, and a recommended finding to the Assistant General Counsel with-in 30 days of closing the record. The Assistant General Counsel shall imme-diately forward the record and the hearing officer’s recommendation to the General Counsel for a final deci-sion. (g) The General Counsel may suspend the accreditation of a representative, agent, or attorney, under paragraphs (, ©, or (d) of this section, for a defi-nite period or until the conditions for reinstatement specified by the General Counsel are satisfied. The General Counsel shall reinstate an individual’s accreditation at the end of the suspen-sion period or upon verification that the individual has satisfied the condi-tions for reinstatement. (h) The decision of the General Coun-sel is a final adjudicative determina-tion of an agency of original jurisdic-tion and may be appealed to the Board of Veterans’ Appeals. The effective date for cancellation of accreditation or authority to provide representation on a particular claim shall be the date upon which the General Counsel’s final decision is rendered. Notwithstanding provisions in this section for closing the record at the end of the 30-day pe-riod for filing an answer or 10 days after a hearing, appeals shall be initi-ated and processed using the proce-dures in 38 CFR parts 19 and 20. Noth-ing in this section shall be construed to limit the Board’s authority to remand a matter to the General Counsel under 38 CFR 19.9 for any action that is essen-tial for a proper appellate decision or the General Counsel’s ability to issue a Supplemental Statement of the Case under 38 CFR 19.31. (i) In cases where the accreditation of an agent or attorney is cancelled, the Office of the General Counsel may no-tify all agencies, courts, and bars to which the agent or attorney is admit-ted to practice. (Authority: 38 U.S.C. 501, 5902, 5904) (The Office of Management and Budget has approved the information collections re-quirements in this section control number 2900–0018) [53 FR 52422, Dec. 28, 1988, as amended at 72 FR 58012, Oct. 12, 2007; 73 FR 29874, May 22, 2008] §14.634 Banks or trust companies act-ing as guardians. Banks or trust companies, corporate entities, acting as guardians for claim-ants, may be represented before adjudi-cating agencies as authorized rep-resentatives of claimants by an officer or employee, including a regularly em-ployed attorney, if the employee or at-torney represents the corporation in its fiduciary capacity. (Authority: 38 U.S.C. 5903, 5904) [43 FR 46535–46537, Oct. 10, 1978. Redesignated and amended at 57 FR 4104, Feb. 3, 1992; 68 FR 8547, Feb. 24, 2003] VerDate Aug<31>2005 14:58 Aug 20, 2008 Jkt 214139 PO 00000 Frm 00598 Fmt 8010 Sfmt 8010 Y:\SGML\214139.XXX 214139yshivers on PROD1PC62 with CFR

[Mcafee]

Hello Berta god bless you for sharing this,In Layman terms please define this Reg. I kinda understand it but it confuses me. Thank you.

[Berta]

If a veteran or widow feels their rep is not properly addressing their claims,and evidence, they should directly appraoch the rep. If that fails, go to their rep's boss-go higher until you exhaust all avenues to rectify the situation.If at that point, you feel they have broken any of the conditions within this reg:

(1) Violation of or refusal to comply with the laws administered by VA or with the regulations governing prac-tice before VA including the standards of conduct in §14.632;

(2) Knowingly presenting or pros-ecuting a fraudulent claim against the United States, or knowingly providing false information to the United States;

(3) Demanding or accepting unlawful compensation for preparing, pre-senting, prosecuting, or advising or consulting, concerning a claim; (4) Knowingly presenting to VA a frivolous claim, issue, or argument. A claim, issue, or argument is frivolous if the individual providing representation under §14.630, representative, agent, or attorney is unable to make a good faith argument on the merits of the po-sition 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

etc- as below

etc then you can file a complaint under this reg with the Office of General Counsel.

The OGC told me that had some lawyers disbarred due to this reg-but had never received a claimant's complaint under the reg before mine.

I felt I proved 1,2,3,4-and 7.

I had a time line documented and also considerable emails and letters from the POA themselves.

I had 2 fundamental charges:

failure to address the illegal VCAA letter I received in 2003 that lacked any election form

then, when I mitigated the prejudicial damage of this VCAA letter myself by obtaining 3 IMos,

failure to present or support in any way ,this critical medical evidence to VA even during a conference I got due to asking the initial decision to be CUED-the VSM set it up right away when I asked her to CUE the denial because I was right-

This was the prime opportunity after 2 and a half years of never supporting my AO claim, to present my IM0s directly to the DRO and get them into the record.They had been ignored by VA up to that point.

I have letter from the highest level of this vet org that says my IMos were presented to the DRO on Sept 2005 and the VA rejected them.

It never happened.

My proof is the SSOC.

When I complained (to the Governor at that point) I continued to receive emails from the main office of this POA and the director insisting that VA acknowledged my medical evidence, medically "reviewed" it, and rejected it.

It never happened.

I recently sent the OGC copy of the recent BVA remand which clearly states-what the POA was trying so hard to sell me-

and what the POA stated was a lie.

It never happened.

There were many more charges I made and they also involved other claimants I was eye witness to-

The complaint is still in process.

The director I charged is gone and so is the original vet rep who messed up my claim in Feb 2003.

The OGC told me that they are looking beyond the other two reps I named.

I recently found a BVA case where one of their reps had cost a widow thousand and thousands of dollars-

and I sent that to the OGC too- much much more on them but not appropriate here-

I gain nothing from the results of this OGC matter.

But they better not treat another vet or widow the way they treated me.

We have 1 million vets and active military in my state and they deserve better representation than what I got.

If more vets and widows would take stands against lousy POA help- it might mean the vet reps would get better.

They get paid whether your claim succeeds or not.