VA standards of conduct for claims agents (38 CFR 14.632), explained
As part of the application, every agent applicant certifies that they "will abide by the standards of conduct prescribed by VA in ยง 14.632" (38 CFR 14.629(b)(2)(x)). Breaking them is a ground for cancelling accreditation (14.633(c)(1)). Here is what 14.632 requires and prohibits.
Baseline duties
- "Faithfully execute" your duties, and "be truthful in their dealings with claimants and VA" (14.632(a)).
- Competence: "the knowledge, skill, thoroughness, and preparation necessary for the representation," including understanding the relevant provisions of title 38 U.S.C. and 38 CFR (14.632(b)(1)).
- Diligence: "reasonable diligence and promptness," including responding promptly to VA requests for information (14.632(b)(2)).
The 11 prohibitions
Under 14.632(c), a representative, agent, or attorney shall not:
- violate the standards of conduct;
- circumvent a rule of conduct through the actions of another;
- engage in conduct involving fraud, deceit, misrepresentation, or dishonesty;
- violate any provision of title 38 U.S.C. or 38 CFR;
- enter into an agreement for, charge, solicit, or receive a fee that is clearly unreasonable or otherwise prohibited;
- solicit, receive, or enter into agreements for gifts related to services for which a fee could not lawfully be charged;
- delay, without good cause, the processing of a claim;
- mislead, threaten, coerce, or deceive a claimant regarding benefits or rights;
- engage in, or advise a claimant to engage in, acts prejudicial to the fair and orderly conduct of VA proceedings;
- disclose, without the claimant's authorization, information provided by VA for purposes of representation;
- engage in any other unlawful or unethical conduct.
Attorneys must also follow the professional conduct rules of every jurisdiction where they are licensed (14.632(d)).
Where agents get into trouble
- Fees before the initial decision. Charging for initial-claim work violates the timing rule (38 U.S.C. 5904(c)(1)). Accepting a "thank-you" gift for that work runs into (c)(6). See fees.
- Side businesses. OGC warns that law-related businesses, such as financial planning, referrals, and elder care, raise "heightened potential for ethical conflicts." It says unlawful or unethical conduct in such a business can count as a 14.632 violation (OGC FAQ). Accreditation may not be used to market financial products (VA OGC).
- Advertising. OGC says advertising tied to VA representation "must be presented in an ethical manner," and points to 14.632(c)(3), (8), and (11) (OGC FAQ).
- Confidentiality and staff. A claimant's consent to disclosure to you does not automatically extend to your staff (OGC FAQ). VA Form 21-22a has a separate item for authorizing disclosure to affiliated personnel (VA Form 21-22a, item 19).
What happens when a complaint is filed: suspension and cancellation.
Check yourself
Original practice questions that passed an independent fact-check against current eCFR and U.S. Code text. They are not actual exam questions.
1. An accredited agent helps a veteran prepare and file an initial disability compensation claim. VA has not yet issued any decision, and no disinterested third party is involved. The grateful veteran offers the agent season tickets to a football game as a thank-you for the help. Under 38 CFR 14.632(c)(6), may the agent accept?
- A. Yes. The prohibition covers only cash payments and fee agreements, not gifts of property.
- B. No. Gifts related to services for which a fee could not lawfully be charged are prohibited.
- C. Yes, as long as the agent reports the gift on the next annual certification to VA.
- D. Yes, if the gift is worth less than 20 percent of the past-due benefits the veteran expects.
Show answer and explanation
Answer: B. Section 14.632(c)(6) bars soliciting, receiving, or agreeing to gifts 'related to services for which a fee could not lawfully be charged.' In this scenario no fee could lawfully be charged, because fees generally may not be charged for services provided before notice of the AOJ's initial decision (38 U.S.C. 5904(c)(1)). The listed exceptions, such as disinterested third-party payment, do not apply here.
Source: 38 CFR 14.632(c)(6); see 38 CFR 14.636(c)-(d) and 38 U.S.C. 5904(c)(1)
More practice: 12 sample questions · free quiz
Frequently asked questions
What are the standards of conduct for VA-accredited agents?
They are in 38 CFR 14.632: be truthful, provide competent and diligent representation, and avoid 11 listed prohibited acts, including fraud, unreasonable or prohibited fees, improper gifts, unjustified delay, and unauthorized disclosure.
Can a claims agent accept a gift from a veteran?
Not a gift related to services for which a fee could not lawfully be charged (38 CFR 14.632(c)(6)), such as help with an initial claim before a decision.
Do attorneys have extra ethics rules?
Yes. Attorneys must also follow the professional conduct rules of each jurisdiction where they are licensed (14.632(d)).
Sources
Checked October 4, 2026. Primary sources unless marked SECONDARY.
- 38 CFR 14.632, Standards of conduct (eCFR)
- 38 CFR 14.629, Requirements for accreditation (eCFR)
- 38 CFR 14.633, Termination of accreditation (eCFR)
- 38 U.S.C. 5904, Recognition of agents and attorneys generally (Cornell LII)
- VA OGC, Accreditation Frequently Asked Questions (page shows 'Last updated October 10, 2023')
- VA Office of General Counsel (OGC), Accreditation, Discipline, & Fees Program page (page shows 'Last updated June 15, 2026')
- VA Form 21-22a, Appointment of Individual as Claimant's Representative (PDF, July 2023 revision)