VA Claims Agent Exam Prep

20 sample VA claims agent exam questions, with answers explained

Sources checked October 4, 2026. Independent guide, not affiliated with VA. Not legal advice.

Twenty real questions from our 800-question bank, across the topics the exam tests most: accreditation and fees, appeals, effective dates, and duty to assist. Each answer cites the exact regulation, and each includes a note on why the most tempting wrong answer fails. These are original practice questions; they do not reproduce the OGC exam.

Accreditation and fees

1. Under the definitions in 38 CFR 14.627, which pairing is correct?

  1. A. Suspension is the termination of authority to represent claimants; cancellation is the temporary withholding of that authority.
  2. B. Suspension is the withholding of fees by VA pending fee review; cancellation is the revocation of a power of attorney by the claimant.
  3. C. Suspension applies only to agents and attorneys; cancellation applies only to service organization representatives.
  4. D. Suspension is the temporary withholding of authority to represent claimants; cancellation is the termination of authority to represent claimants.
Show answer and explanation

Answer: D. Suspension temporarily withholds the authority to represent claimants, while cancellation terminates it (38 CFR 14.627(f), (t)). Think of it as a pause versus a full stop.

Why the tempting wrong answer fails: A is the mirror-image trap: it swaps the two definitions, and it catches almost everyone.

"(f) Cancellation means termination of authority to represent claimants. [...] (t) Suspension means temporary withholding of authority to represent claimants."

Source: 38 CFR 14.627(f), (t)

2. Under 38 CFR 14.628(b), which statement about State and tribal organizations is correct?

  1. A. Each county within a State may have one recognized State organization.
  2. B. Up to two State organizations may be recognized in each State if both are funded by the State government.
  3. C. There is no numerical limit on recognized State or tribal organizations, as long as each meets the requirements of paragraph (d).
  4. D. Only one State organization may be recognized in each State, and only one tribal organization may be recognized for each tribal government.
Show answer and explanation

Answer: D. Only one State organization may be recognized in each State, and only one tribal organization per tribal government (38 CFR 14.628(b)(1)-(2)). Meeting the requirements does not create extra slots.

Why the tempting wrong answer fails: C tempts you by confusing meeting the requirements with there being no cap at all.

"Only one such organization may be recognized in each State. [...] Only one tribal organization may be recognized for each tribal government."

Source: 38 CFR 14.628(b)(1)-(2)

3. An accredited attorney's status changes in one of the State bars to which she is admitted. Under 38 CFR 14.629(b)(4), when must she notify VA?

  1. A. Within 10 days of the change
  2. B. Within 60 days of the change
  3. C. Within 30 days of the change
  4. D. Not until her next annual certification to VA
Show answer and explanation

Answer: C. Agents and attorneys must notify VA within 30 days of any change in their bar status (38 CFR 14.629(b)(4)). This duty is separate from the annual admission-and-good-standing filing.

Why the tempting wrong answer fails: D is the real trap: a bar-status change cannot wait for the yearly paperwork.

"After accreditation, agents and attorneys must notify VA within 30 days of any change in their status in any jurisdiction in which they are admitted to appear."

Source: 38 CFR 14.629(b)(4)

4. The Chief Counsel denies an application for accreditation as a claims agent. After the applicant submits additional evidence, the Chief Counsel issues a final decision that still denies accreditation. Under 38 CFR 14.629(d)(2)(ii), where may the applicant appeal?

  1. A. To the General Counsel, and then to the Secretary
  2. B. Directly to the U.S. Court of Appeals for Veterans Claims
  3. C. To the U.S. District Court for the District of Columbia
  4. D. Only to the Board of Veterans' Appeals
Show answer and explanation

Answer: D. The Chief Counsel's qualification determination is a final adjudicative determination of an agency of original jurisdiction, appealable only to the Board of Veterans' Appeals (38 CFR 14.629(d)(2)(ii)).

Why the tempting wrong answer fails: B is the classic trap, but accreditation denials do not skip straight to the Court of Appeals for Veterans Claims.

"The determination of the Chief Counsel regarding the qualifications of a prospective service organization representative, agent, or attorney is a final adjudicative determination of an agency of original jurisdiction that may only be appealed to the Board of Veterans' Appeals."

Source: 38 CFR 14.629(d)(2)(ii)

5. An individual is both an accredited representative of a recognized service organization and an accredited agent. A veteran appointed the organization on VA Form 21-22, and the individual works on the veteran's claim as the organization's representative. Under 38 CFR 14.636(b), may the individual charge the veteran a fee for that work?

  1. A. Yes. Because he is an accredited agent, he may charge a fee however he was appointed.
  2. B. Yes, but the fee may not exceed 20 percent of any past-due benefits awarded.
  3. C. Yes, if the organization consents in writing to his charging a fee.
  4. D. No. He must be designated under 14.631 as an agent in his individual capacity to receive fees.
Show answer and explanation

Answer: D. He was acting as the organization's representative under the 21-22, and VSO reps acting as such cannot take fees (38 CFR 14.636(b)). He could only charge if designated under 14.631 in his individual capacity as an agent.

Why the tempting wrong answer fails: A fools almost everyone: being an accredited agent does not override how you were appointed.

"Recognized organizations (including their accredited representatives when acting as such) and individuals recognized under § 14.630 of this part are not permitted to receive fees. An agent or attorney who may also be an accredited representative of a recognized organization may not receive such fees unless he or she has been properly designated as an agent or attorney in accordance with § 14.631 of this part in his or her individual capacity as an accredited agent or attorney."

Source: 38 CFR 14.636(b)

6. Under 38 CFR 14.636(g)(3), where must an accredited agent file a copy of a fee agreement that is NOT a direct-pay agreement (the agent will collect from the claimant), and when?

  1. A. With the Office of the General Counsel, within 30 days of its execution
  2. B. With the agency of original jurisdiction, within 30 days of its execution
  3. C. With the Board of Veterans' Appeals, within 60 days of its execution
  4. D. With the Office of the General Counsel, but only if the claimant later disputes the fee
Show answer and explanation

Answer: A. A non-direct-pay fee agreement must be filed with OGC within 30 days of execution (38 CFR 14.636(g)(3)). Direct-pay agreements go to the AOJ instead, on the same deadline.

Why the tempting wrong answer fails: B mixes up the two rules: direct-pay goes to the AOJ, but non-direct-pay goes to OGC.

"A copy of a direct-pay fee agreement, as defined in paragraph (g)(2) of this section, must be filed with the agency of original jurisdiction within 30 days of its execution. A copy of any fee agreement that is not a direct-pay fee agreement must be filed with the Office of the General Counsel within 30 days of its execution"

Source: 38 CFR 14.636(g)(3)

7. Two accredited agents each filed a direct-pay fee agreement in a case. Agent 1 was discharged before the decision, and Agent 2 withdrew before the decision, so neither provided representation that continued through the date of the decision awarding past-due benefits. The AOJ finds both eligible for direct payment. Under 38 CFR 14.636(i)(1), what is the default fee allocation in the fee allocation notice?

  1. A. The entire fee to Agent 1, because Agent 1 was retained first
  2. B. An equal split of the fee among Agent 1, Agent 2, and the claimant (three equal shares)
  3. C. An equal split between Agent 1 and Agent 2 only (two equal shares)
  4. D. The entire fee to the claimant, because no agent was a continuous agent
Show answer and explanation

Answer: B. With no continuous agent, the default is an equal split based on the number of eligible agents plus the claimant (38 CFR 14.636(i)(1)(ii)). Two eligible agents plus the claimant means three equal shares.

Why the tempting wrong answer fails: C is the closest trap: it splits between the two agents but forgets the claimant's share.

"(i) In cases where a continuous agent or attorney is eligible for direct payment, the default shall be allocation of the fee to the continuous agent or attorney. (ii) In cases where paragraph (i)(1)(i) of this section does not apply, the default shall be an equal split of the fee based on the number of agents or attorneys who are eligible for direct payment plus the claimant or appellant."

Source: 38 CFR 14.636(i)(1)(i)-(ii)

8. An agent's fee agreement provides that the claimant will reimburse reasonable expert-opinion costs. The agent asks VA to pay those costs directly out of the claimant's past-due benefits. Under 38 CFR 14.637(b), what is the result?

  1. A. VA will pay them, as long as the fee plus expenses does not exceed 20 percent of past-due benefits.
  2. B. VA will pay them only after the General Counsel reviews the expenses for reasonableness.
  3. C. VA will pay them if the expenses were incurred after the AOJ's initial decision.
  4. D. VA will not pay them; expenses are not payable directly to the agent or attorney by VA out of benefits due to the claimant.
Show answer and explanation

Answer: D. Expenses are not payable directly to the agent or attorney by VA out of benefits due to the claimant (38 CFR 14.637(b)). The fee agreement can arrange reimbursement from the claimant, but VA never pays expenses out of past-due benefits.

Why the tempting wrong answer fails: A borrows the real 20 percent cap, but the cap measures fees, not expenses, and does not authorize VA to pay them.

"Whether such an agent or attorney will be reimbursed for expenses and the method of such reimbursement is a matter to be determined by the agent or attorney and the claimant or appellant in the fee agreement filed with the Office of the General Counsel or the agency of original jurisdiction under § 14.636 of this part. Expenses are not payable directly to the agent or attorney by VA out of benefits determined to be due to a claimant or appellant."

Source: 38 CFR 14.637(b)

Appeals (AMA, legacy, Board)

9. A claimant filed a timely request for higher-level review of a knee-rating decision. While that review is still pending, the claimant's agent wants to also file a Notice of Disagreement with the Board on the same issue. Under 38 CFR 3.2500(b), which statement is correct?

  1. A. The claimant may not file for review under a different option on that issue while the higher-level review is pending final adjudication.
  2. B. The claimant may file the Notice of Disagreement at the same time, as long as both are filed within one year of the decision notice.
  3. C. The claimant may file the Notice of Disagreement at the same time, and the Board will hold it until the higher-level review is decided.
  4. D. The claimant may file both at once only if the General Counsel approves the concurrent filing.
Show answer and explanation

Answer: A. Once you file one review option, you cannot file a different option on the same issue while that review is pending final adjudication (38 CFR 3.2500(b)). To switch lanes, withdraw the pending request first under 3.2500(d).

Why the tempting wrong answer fails: B sounds reasonable, but you cannot run two review lanes at once on the same issue.

With regard to the adjudication of a claim or an issue as defined in § 3.151(c), a claimant who has filed for review under one of the options available under paragraph (a) of this section may not, while that review is pending final adjudication, file for review under a different available option.

Source: 38 CFR 3.2500(b)

10. Under 38 CFR 3.2500(d), when may a claimant withdraw a request for higher-level review, and when does the withdrawal take effect?

  1. A. At any time before VA renders a decision on the issue; the withdrawal is effective the date VA receives it
  2. B. Only within 60 days after filing the request; the withdrawal is effective on the date it is mailed
  3. C. At any time, even after VA's decision; the withdrawal is effective on the date of the decision
  4. D. Only with VA's consent; the withdrawal is effective on the date VA approves it
Show answer and explanation

Answer: A. A claimant may withdraw a supplemental claim or HLR request any time before VA renders a decision on the issue, and the withdrawal is effective the date VA receives it (38 CFR 3.2500(d)).

Why the tempting wrong answer fails: B invents a 60-day window and a mailing-date rule; neither is in the regulation.

A claimant may withdraw a supplemental claim or a request for a higher-level review at any time before VA renders a decision on the issue. [...] The withdrawal will be effective the date VA receives it.

Source: 38 CFR 3.2500(d)

11. The agency of original jurisdiction issued notice on March 1, 2024, denying service connection. The claimant did not seek review and did not request an extension of time. VA receives a supplemental claim on June 3, 2025, with new and relevant evidence (a private medical opinion, not service department records), and grants service connection; the facts show entitlement arose in 2023. Under 38 CFR 3.2500(h)(2), what is the earliest the effective date can be?

  1. A. The date VA received the original claim, because the issue was continuously pursued
  2. B. March 1, 2024, the date of the denial notice
  3. C. The 2023 date entitlement arose, because entitlement arose before the supplemental claim was filed
  4. D. June 3, 2025, the date VA received the supplemental claim
Show answer and explanation

Answer: D. The supplemental claim arrived more than a year after the denial notice, so continuous pursuit is broken (38 CFR 3.2500(h)(2)). The effective date cannot be earlier than June 3, 2025, the date VA received the supplemental claim.

Why the tempting wrong answer fails: A reaches for continuous pursuit, but it only preserves the original filing date when the supplemental claim arrives within one year of the notice.

Except as otherwise provided in this section, for supplemental claims received more than one year after the date on which the agency of original jurisdiction issues notice of a decision or the Board of Veterans' Appeals issued notice of a decision, the effective date will be fixed in accordance with the date entitlement arose, but will not be earlier than the date of receipt of the supplemental claim.

Source: 38 CFR 3.2500(h)(2)

12. An agent files a request for higher-level review and attaches a new private medical opinion that was not in the file when the agency of original jurisdiction issued notice of its decision. Under 38 CFR 3.2601(f), what happens to the new opinion in the higher-level review?

  1. A. It is considered, because evidence submitted with the request for higher-level review becomes part of the record
  2. B. It is considered if it is submitted within 90 days after the request for higher-level review
  3. C. It is considered if the agent presents it during an informal conference
  4. D. The higher-level adjudicator may not consider it, because the record is limited to the evidence of record as of the date the AOJ issued notice of the prior decision
Show answer and explanation

Answer: D. Higher-level review is a closed-record review: the record is limited to what was of record when the AOJ issued notice, and the adjudicator may not consider additional evidence (38 CFR 3.2601(f)). New evidence belongs in another lane, like a supplemental claim.

Why the tempting wrong answer fails: A feels like it should work, but attaching a new opinion to an HLR request does not get it considered.

The evidentiary record in a higher-level review is limited to the evidence of record as of the date the agency of original jurisdiction issued notice of the prior decision under review and the higher-level adjudicator may not consider additional evidence.

Source: 38 CFR 3.2601(f)

Effective dates

13. A veteran's knee is service connected at 10 percent. A private treatment record dated May 15, 2025 is the earliest evidence showing that the knee had increased to the level of a higher rating, and nothing shows an earlier increase. VA receives a complete claim for an increase on January 12, 2026; no intent to file was submitted earlier. Under 38 CFR 3.400(o)(2), what is the effective date of the increase?

  1. A. January 12, 2026
  2. B. May 15, 2025
  3. C. January 12, 2025
  4. D. The date of the rating decision granting the increase
Show answer and explanation

Answer: B. Under 38 CFR 3.400(o)(2), the effective date is the earliest date the increase is factually ascertainable, when the complete claim arrives within a year of that date. The May 15, 2025 record pins the increase, and the January 12, 2026 claim is within the year.

Why the tempting wrong answer fails: A tempts you because the claim date is the default in so many effective-date rules, but 3.400(o)(2) looks back to when the increase was ascertainable.

Earliest date as of which it is factually ascertainable based on all evidence of record that an increase in disability had occurred if a complete claim or intent to file a claim is received within 1 year from such date, otherwise, date of receipt of claim.

Source: 38 CFR 3.400(o)(2)

14. A veteran who had separated from service died of a service-connected disability on March 14, 2025. The surviving spouse's DIC claim was received on February 20, 2026. Under 38 CFR 3.400(c)(2), what is the effective date of the award?

  1. A. March 14, 2025
  2. B. March 1, 2025
  3. C. February 20, 2026
  4. D. February 1, 2026
Show answer and explanation

Answer: B. For a service-connected death after separation, the claim arrived within a year of death, so the effective date is the first day of the month of death: March 1, 2025 (38 CFR 3.400(c)(2)).

Why the tempting wrong answer fails: A uses the exact death date, but VA backdates to the first of the month.

Service-connected death after separation from service (38 U.S.C. 5110(d), Pub. L. 87-825) (§§ 3.4(c), 3.5(b)). First day of the month in which the veteran's death occurred if claim is received within 1 year after the date of death; otherwise, date of receipt of claim.

Source: 38 CFR 3.400(c)(2)

15. Under 38 CFR 3.400(c)(4)(ii), what is the effective date of an award of DIC to a child?

  1. A. The first day of the month entitlement arose if the claim is received within 1 year after entitlement; otherwise, the date of receipt of the claim
  2. B. The date of receipt of the claim in every case, even when the claim is received within 1 year after the date on which the child's entitlement arose
  3. C. The date of the veteran's death, whenever the claim is received and whenever entitlement arose
  4. D. The first day of the month following the month in which VA receives the claim, regardless of when the child's entitlement to DIC arose
Show answer and explanation

Answer: A. Under 38 CFR 3.400(c)(4)(ii), a child's DIC award is effective the first day of the month entitlement arose if the claim is received within a year after entitlement; otherwise, the date of receipt.

Why the tempting wrong answer fails: B uses the receipt date as a universal default, but children get a one-year grace period.

Child (38 U.S.C. 5110(e), Pub. L. 87-835). First day of the month in which entitlement arose if claim is received within 1 year after the date of entitlement; otherwise, date of receipt of claim.

Source: 38 CFR 3.400(c)(4)(ii)

16. A veteran separated from continuous active service under honorable conditions on June 30, 2025. VA receives a claim for direct service connection of a knee disability on May 15, 2026 and grants it, finding that entitlement arose during service. Under 38 CFR 3.400(b)(2)(i), what is the effective date?

  1. A. July 1, 2025
  2. B. May 15, 2026
  3. C. June 30, 2025
  4. D. June 1, 2026
Show answer and explanation

Answer: A. A direct service connection claim filed within a year of separation gets the day following separation as the effective date (38 CFR 3.400(b)(2)(i)). Entitlement arose in service and the claim was timely, so the award starts July 1, 2025.

Why the tempting wrong answer fails: C is one day too early: the statute says the day FOLLOWING separation.

(2) Disability compensation: (i) Direct service connection (§ 3.4(b)). Day following separation from active service or date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later.

Source: 38 CFR 3.400(b)(2)(i)

Duty to assist and claims process

17. On March 10, 2025, VA receives a veteran's signed intent to file a compensation claim on the prescribed form. On February 20, 2026, VA receives the veteran's complete compensation claim on the prescribed application form. No other intent to file or claim was submitted. Under 38 CFR 3.155(b), as of what date will VA consider the complete claim filed?

  1. A. February 20, 2026
  2. B. March 10, 2026
  3. C. The date VA mailed the veteran the application form
  4. D. March 10, 2025
Show answer and explanation

Answer: D. If VA receives the complete application form within a year of the intent to file, the complete claim is considered filed as of the intent-to-file date (38 CFR 3.155(b)). February 20, 2026 is within a year of March 10, 2025.

Why the tempting wrong answer fails: A is the main trap: the receipt date of the complete claim does not set the filing date when it arrives within a year of the intent.

If VA receives a complete application form prescribed by the Secretary, as defined in paragraph (a) of § 3.160, appropriate to the benefit sought within 1 year of receipt of the intent to file a claim, VA will consider the complete claim filed as of the date the intent to file a claim was received.

Source: 38 CFR 3.155(b)

18. A veteran files a complete claim for service connection of a disability. The claim does not mention special monthly compensation (SMC). Under 38 CFR 3.155(d)(2), which statement is correct?

  1. A. VA may consider SMC only if the veteran files a separate claim for it.
  2. B. VA must deny SMC because it was not specifically claimed.
  3. C. VA will adjudicate entitlement to ancillary benefits, such as SMC under 3.350, that arise as a result of the adjudication decision, and the claimant need not assert them.
  4. D. SMC may be considered only in a higher-level review.
Show answer and explanation

Answer: C. Once VA receives a complete claim, it adjudicates any ancillary benefits that arise from the decision, such as SMC under 3.350, whether or not the claimant asserted them (38 CFR 3.155(d)(2)).

Why the tempting wrong answer fails: A is the main trap: ancillary benefits like SMC do not need their own separate claim.

Once VA receives a complete claim, VA will adjudicate as part of the claim entitlement to any ancillary benefits that arise as a result of the adjudication decision (e.g., entitlement to 38 U.S.C. Chapter 35 Dependents' Educational Assistance benefits, entitlement to special monthly compensation under 38 CFR 3.350, entitlement to adaptive automobile allowance, etc.). The claimant may, but need not, assert entitlement to ancillary benefits at the time the complete claim is filed.

Source: 38 CFR 3.155(d)(2)

19. VA asks the Social Security Administration (a Federal agency) for records relevant to a veteran's compensation claim. Under 38 CFR 3.159(c)(2), when may VA end its efforts to obtain these records?

  1. A. After an initial request and one follow-up request
  2. B. After 30 days without a response
  3. C. After two unanswered requests
  4. D. Only if VA concludes that the records do not exist or that further efforts to obtain them would be futile
Show answer and explanation

Answer: D. For records from a Federal department or agency like SSA, VA must make as many requests as necessary and stops only if it concludes the records do not exist or further efforts would be futile (38 CFR 3.159(c)(2)).

Why the tempting wrong answer fails: A states a limited-request standard that does not apply to federal agencies.

VA will make as many requests as are necessary to obtain relevant records from a Federal department or agency. [...] VA will end its efforts to obtain records from a Federal department or agency only if VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile.

Source: 38 CFR 3.159(c)(2)

20. As used in 38 U.S.C. chapter 51, who is a "claimant" under 38 U.S.C. 5100?

  1. A. Only a veteran discharged under conditions other than dishonorable
  2. B. Any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary
  3. C. Only an individual represented by an accredited agent, attorney, or service organization
  4. D. Only an individual who has already received a decision from the agency of original jurisdiction
Show answer and explanation

Answer: B. Under 38 U.S.C. 5100(1), a claimant is any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary. No veteran-status or representation requirement.

Why the tempting wrong answer fails: Limiting claimant to veterans feels natural, but the chapter 51 definition is deliberately broad.

The term “claimant” means any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary.

Source: 38 U.S.C. 5100(1)

Keep practicing

These 20 are a taste of the full 800-question bank. Try the free quiz for a timed 10-question round, or see the study plans for the full course.

Frequently asked questions

Are these the real VA claims agent exam questions?

No. They are original practice questions written from the public statutes and regulations. They do not reproduce the OGC exam.

How many practice questions does the full bank have?

800, and every one is verified against current primary law with an explanation, a source citation, and a trap note. See how we verify.

What topics do these sample questions cover?

Accreditation and fees, appeals under the Appeals Modernization Act, effective dates, and duty to assist. The full bank covers the whole exam syllabus.

Do the answers cite the actual law?

Yes. Each answer links to the exact regulation or statute it tests, so you can read the rule yourself.

Sources

Checked 2026-10-04. Primary sources unless marked SECONDARY.

  1. VA Office of General Counsel (OGC), Accreditation, Discipline, & Fees Program page
  2. 38 CFR 14.629, Requirements for accreditation (eCFR)
  3. 38 CFR 14.636, Payment of fees (eCFR)
  4. 38 CFR 3.2500, Review of decisions (eCFR)
  5. 38 CFR 3.400, General effective date rules (eCFR)
  6. 38 CFR 3.155, Claims process (eCFR)

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