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Who all besides lawyers can file paperwork on behalf of veteran?


Alchemist
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Yea.  "non attorney practioners" can file papers for the Veteran, "provided that" they sign a POA to the non attorney practioner.  

Ditto for VSO.   

Finally, I think you can have a family member or friend represent you, provided you give them a POA.  Im not sure why you are asking this?  

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My VSO is on record as my POA with the VA. However, after having a heart attack last year, I got a POA for my wife. If I become incapacitated, she can legally act on my behalf, file claims, etc...

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VA has traditionally allowed anyone to represent a veteran, on a one time basis.

https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part1/M21-1MRI_3_secA.docx

Although this is from 2009,I do not believe it has changed.

In part it states:

  "  The execution by a claimant of a power of attorney (POA) under State law has no effect for the purposes of prosecuting a VA claim.  In order to be recognized by Department of Veterans Affairs (VA), a claimant’s representative must be appointed according to the procedures in this chapter."

and it has the criteria for appointment:

"Type of Representation    Requirements
Accredited representative of a service organization, agent, or attorney    Must obtain recognition from VA’s Office of General Counsel in order to represent claimants.  Refer any person or group to the Office of General Counsel for accreditation.

References:  For more information on
•    requirements for accredited representatives of a service organization, agents, and attorneys to obtain recognition, see 38 CFR 14.629, and
•    a list of accredited representatives of service organizations, agents, and attorneys maintained by the Office of General Counsel, see the Office of the General Counsel’s accreditation search page.


Non-licensed individual    May represent a claimant on a one-time, one claim basis per the provisions of 38 CFR 14.630.  The individual may only represent one VA claimant unless a request is made to the VA’s Office of General Counsel.

 Note:  If a person purporting to be a representative does not fit into one of the categories above, write to the individual (and provide a copy to the claimant) explaining that 
•    he/she does not appear to fit into one of the categories of permitted representatives per 38 CFR 14.629 and 38 CFR 14.630, and
•    VA will not recognize the representation unless he/she shows VA that he/she does fit into one of the categories of permitted representatives."

Here is 38 CFR 14.630:

https://www.law.cornell.edu/cfr/text/38/14.630:

 

"§ 14.630 Authorization for a particular claim.

(a) Any person may be authorized to prepare, present, and prosecute one claim. A power of attorney executed on VA Form 21-22a, “Appointment of Attorney or Agent as Claimant'sRepresentative,” and a statement signed by the person and the claimant that no compensation will be charged or paid for the services, shall be filed with the agency of original jurisdiction where the claim is presented. The power of attorney identifies to VA theclaimant's appointment of representation and authorizes VA's disclosure of information to the person representing the claimant.

(b) Representation may be provided by an individual pursuant to this section one time only. An exception to this limitation may be granted by the General Counsel in unusual circumstances. Among the factors which may be considered in determining whether an exception will be granted are:

(1) The number of accredited representatives, agents, and attorneys operating in theclaimant's geographic region;

(2) Whether the claimant has unsuccessfully sought representation from other sources;

(3) The nature and status of the claim; and

(4) Whether there exists unique circumstances which would render alternative representation inadequate.

(c) Persons providing representation under this section must comply with the laws administered by VA and with the regulations governing practice before VA including the rules of conduct in § 14.632 of this part.

(d) Persons providing representation under this section are subject to suspension and or exclusion from representation of claimants before VA on the same grounds as apply to representatives, agents, and attorneys in § 14.633 of this part.

(e) With respect to the limitation in paragraph (b) of this section, a person who had been authorized under paragraph (a) of this section to represent a claimant who later dies and is replaced by a substitute pursuant to 38 CFR 3.1010 for purposes of processing the claim to completion will be permitted to represent the substitute if the procedures of § 14.631(g) are followed."

(Authority: 38 U.S.C. 501(a), 5121A, 5903)

[68 FR 8546, Feb. 24, 2003, as amended at 73 FR 29872, May 22, 2008; 79 FR 52983, Sept. 5, 2014]



 

 

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Thanks, Berta.  Once again, VA loves to make even having a representative a complex procedure with complex rules, which should be quite simple.  

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Way back in 98 I was an idiot and used the DAV for my POA..

AFTER I seen how well they understood this CLAIM  process I decided to work my own claims  but still to this day they are still my POA.

I worked my last claims by myself with help here at hadit and submitted everything myself  via ebenefits  DAV did absolutely nothing  but  they get credit for it.   its hard to get them off my POA Status.

Here at the Dallas VAMC the DAV is a tiny little office located in the center of the new building and is only open Mon Wed Fri  and they seem to take a 2 &3 hour lunch,   but I have yet to fine one there that know what he is doing.  I work all my Claims my self.  and help other veterans file theirs.

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