Proposed changes to VA claims agent accreditation rules, and their status
Status as of October 4, 2026: proposed only, not in effect. The Federal Register shows only the October 11, 2024 proposed rule for RIN 2900-AR94, and no final rule. Comments closed December 10, 2024 (89 FR 82546). The current text of 38 CFR 14.629 does not include these changes (eCFR 14.629).
What the proposal would change
| Topic | Current rule | Proposed |
|---|---|---|
| Exam timing | After an affirmative character-and-fitness determination | Pass the exam first, then OGC reviews character and fitness |
| Retakes | No more than twice in any 6-month period | No more than two times in any 1-year period |
| Exam frequency | Not in the regulation | OGC "may offer the examination a minimum of twice per calendar year" |
| Initial CLE | 3 hours within 12 months after accreditation | 3 hours within 6 months before applying, including VA standards of conduct |
| Ongoing CLE | 3 hours by year 3, then every 2 years | 3 hours every year |
| Exam administration wording | "District Chief Counsel" | "under the supervision of the Office of the General Counsel" |
Current rules: 38 CFR 14.629. Proposed: 89 FR 82546.
A change that is final: fee reviews (April 1, 2025)
A separate final rule took effect April 1, 2025. It rewrote the fee-review process in 14.636(i) with default fee allocations and a 60-day window to request OGC review. It also requires an agent to be accredited on the date of the fee allocation notice to get direct payment (89 FR 85055; 38 CFR 14.636). See fees.
Frequently asked questions
Has VA changed the claims agent CLE rules?
Not yet. The 2024 proposal (89 FR 82546) is not final as of October 4, 2026. The current rule is 3 hours in year 1, 3 by year 3, then every 2 years (38 CFR 14.629(b)(1)).
Will I take the exam before the background check?
Under current rules, no: the exam comes after the character-and-fitness determination (38 CFR 14.629(b)(6)). The proposal would reverse that order if finalized.
Sources
Checked October 4, 2026. Primary sources unless marked SECONDARY.
- Federal Register, Proposed Rule: Improving Accreditation Process and Strengthening Legal Education Requirements for Accredited Agents and Attorneys, 89 FR 82546 (Oct. 11, 2024), RIN 2900-AR94
- 38 CFR 14.629, Requirements for accreditation (eCFR)
- Federal Register, Final Rule: Fee Reasonableness Reviews; Effect of Loss of Accreditation on Direct Payment, 89 FR 85055 (Oct. 25, 2024), effective April 1, 2025
- 38 CFR 14.636, Payment of fees (eCFR)