OGC delays character reference checks to clear claims agent application backlog
Quick answer: VA's Office of General Counsel announced a temporary policy change: because of an application backlog, OGC now waits until after the applicant passes the exam to request character references. Applicants are encouraged to collect 3 professional character references and submit them with VA Form 21a. OGC is building an online portal for Form 21a submission.
TL;DR
- OGC has a backlog processing claims agent applications.
- Temporary change: OGC waits until after you pass the exam to request outstanding character references.
- You should collect 3 professional character reference responses yourself and submit them with your VA Form 21a.
- An online portal for electronic Form 21a submission is in the works, with no announced launch date.
What changed
On its accreditation page, VA's Office of General Counsel posted a notice headed "TEMPORARY POLICY CHANGE" stating that OGC "has accumulated a backlog in processing claims agent applications and is revising its procedure regarding when and how OGC collects responses from character references to help expedite these applications."
Effective immediately, OGC is revising its procedure to wait to request any outstanding character references from the individuals listed on page 3 of the applicant's VA Form 21a until after the applicant passes the claims agent examination.
In plain terms: the character reference step, which used to be part of the pre-exam review, now happens after the exam for applicants who pass. The notice also states that OGC "encourages applicants to personally collect responses from 3 professional character references and submit those responses to OGC at the same time as they submit their accreditation application (VA Form 21a)."
Why OGC made the change
The notice gives one reason: a backlog in processing claims agent applications. Chasing down reference responses is one of the slowest parts of any background-style review, because OGC has to wait on third parties who have no deadline pressure of their own. Moving that step until after the exam removes it from the critical path, so applicants who would otherwise pass can get exam instructions sooner, and OGC spends its reference-chasing effort only on people who passed.
Note that this is labeled a temporary policy change, not a regulation change. The underlying character-and-fitness requirements in 38 CFR 14.629 have not changed. See the character and fitness guide for what that review covers.
What applicants should do differently now
- Still list your references on page 3 of Form 21a. The form has not changed; OGC still needs the names.
- Collect the responses yourself. OGC explicitly encourages this. Ask 3 professional contacts for written responses and submit them with your application instead of waiting for OGC to chase them later.
- Submit everything together. Sending the application and the reference responses at the same time gives OGC the complete package up front, which is exactly what the policy change is trying to achieve.
- Do not assume you are in the clear before the exam. OGC reserves the right to revise any preliminary determination, or to request further information, if responses are not timely received or based on information from references. The reference check is deferred, not waived.
The coming online portal
The same notice says OGC is working with VA's Office of Information Technology to build an online portal for electronic Form 21a submission. Once submitted through the portal, reference requests would go out automatically to the individuals the applicant identifies.
There is no announced launch date. Until it exists, Form 21a submissions go by the existing routes listed on the form: mail to the address on the form, fax to OGC at (202) 495-5457, or email a PDF to [email protected]. See how to apply on Form 21a for the full walkthrough.
Frequently asked questions
What did OGC change about character references?
Under the temporary policy, OGC waits to request any outstanding character references from the people listed on page 3 of your VA Form 21a until after you pass the claims agent exam. Previously, reference collection was part of the pre-exam review.
Do I still need to list references on Form 21a?
Yes. The form still asks for them on page 3. And OGC encourages you to go further: personally collect responses from 3 professional character references and submit them with your application.
Why did OGC make this change?
To clear a backlog. OGC states it has accumulated a backlog in processing claims agent applications, and moving reference collection out of the pre-exam stage is meant to expedite applications.
Can OGC still check my references or ask for more?
Yes. The notice says OGC reserves the right to revise any preliminary determination or request further information if responses are not timely received, or based on information provided or obtained from references. Deferred is not waived.
Is the online Form 21a portal available?
Not yet. OGC says it is working with VA's Office of Information Technology on a portal for electronic submission that will automatically send reference requests. No launch date has been announced. Until then, use the mail, fax, or email routes listed on the form.