How to Become a VA Accredited Claims Agent

A VA accredited claims agent is a non-attorney authorized by the Department of Veterans Affairs to help veterans with their benefit claims. Here is the entire path, start to finish.

What a claims agent actually is

VA accredits three kinds of representatives: VSO representatives, attorneys, and claims agents. A claims agent is an individual (not a law firm, not an organization) approved by VA's Office of General Counsel to prepare, present, and prosecute claims for VA benefits. You do not need to be a lawyer. You do not need to be a veteran, though many agents are.

Accreditation exists for one purpose: representing claimants before VA. It is not a VA endorsement of any other business, and it does not qualify you to sell financial products.

Step 1: Make sure you qualify

Under 38 CFR 14.629, you must show good character and reputation, demonstrate that you are qualified to render valuable assistance to claimants, and show you are otherwise competent to advise and assist claimants. In practice, that means a clean-ish record and the ability to learn the law. A criminal history does not automatically disqualify you, but you will have to explain it.

Step 2: File VA Form 21a

VA Form 21a is the Application for Accreditation as a Claims Agent or Attorney. You send it to the Office of General Counsel with details about your employment history, background, education, and three character references. You can mail it, fax it to (202) 495-5457, or email it as a PDF to the accreditation mailbox. After you file, VA runs a background investigation and writes to your references. This part takes months, so file early.

Step 3: Pass the claims agent examination

Once your application is approved, OGC invites you to sit for the exam. The exam is online and closed-book: 40 multiple-choice questions, 60 minutes, and you need 75 percent (30 out of 40) to pass. It is offered several times a year on pre-determined dates. The topics are compensation and pension programs, claim procedures, appeals, agents' fees, and waiver of indebtedness. OGC publishes a study list: specific chapters of title 38, United States Code, and parts 1, 3, 4, 14, 19, and 20 of title 38, Code of Federal Regulations.

Step 4: Get accredited and stay that way

Pass the exam and clear the background check, and VA adds you to its public roster of accredited representatives. After that, you must complete continuing legal education (CLE) on VA law to keep your accreditation. Let the CLE lapse and you can lose the credential you worked for.

What agents can charge

Accredited agents may charge reasonable fees for representation, but only within VA's fee rules. As a rule of thumb, fees come into play after a Notice of Disagreement is filed, and every fee agreement has to meet VA's standards. Learn the fee rules in 38 CFR 14.636 before you quote anyone a price.

How long does the whole thing take?

Longer than most people expect. The background investigation alone can take many months, and exam dates are fixed, so a realistic timeline from application to accreditation is often a year or more. That is exactly why starting your studying early matters: you want the exam to be the easy part.