How VA suspends or cancels a claims agent's accreditation (38 CFR 14.633)
VA's General Counsel can suspend or cancel an agent's accreditation for misconduct, incompetence, or no longer meeting the requirements. The process is set out in 38 CFR 14.633, and the statute requires notice and an opportunity for a hearing (38 U.S.C. 5904(b)).
Grounds
- No longer qualified: accreditation "shall be canceled" when a 14.629 requirement is no longer met (14.633(b)).
- Misconduct, found by clear and convincing evidence: violating VA laws or rules of practice (including 14.632); knowingly presenting a fraudulent claim or providing false information; demanding or accepting unlawful compensation; knowingly presenting frivolous claims; suspension or disbarment elsewhere without reinstatement; excessive or unreasonable fees; or other unlawful or unethical practice (14.633(c)).
- Incompetence, judged by the complexity of the matter, the agent's experience and training, and whether they could have consulted someone competent (14.633(d)).
- The statute lists similar grounds, including deceiving or threatening claimants and charging excessive fees (5904(b)).
The process, step by step
- Allegation and response. On credible written information, the Chief Counsel tells you the specific allegation and its source and gives you a chance to respond. Where appropriate, and especially if no harm resulted, you may get a chance to correct the behavior before a formal inquiry (14.633(e)).
- Closing or escalating. If no further action is justified, the inquiry is closed and the record kept for 3 years (14.633(e)(1)).
- Notice of intent to cancel. This is sent by certified or registered mail to your address in VA's accreditation records. You have 30 days from mailing to file a sworn answer (or an unsworn declaration under 28 U.S.C. 1746), submit evidence, and request a hearing. The hearing request must be in the answer (14.633(e)(2)(i)). This is one reason to keep your contact information current (maintaining accreditation).
- Hearing (if requested). It is held at the VA regional office nearest your principal place of business, with at least 21 days' notice. The hearing officer is independent of the General Counsel. You have the right to counsel, to present evidence, and to cross-examine witnesses. Court rules of evidence do not apply (14.633(f)).
- Decision. The General Counsel decides. A suspension can be for a definite period or until stated conditions are met (14.633(g)). The decision takes effect on the date it is rendered (14.633(j)).
- Appeal. The decision may be appealed only to the Board of Veterans' Appeals (14.633(h)).
Consequences beyond VA
- OGC may notify every agency, court, and bar you are admitted to (14.633(i)).
- If you are suspended for collecting excessive fees, the suspension continues until you make full restitution (5904(c)(3)(C)).
- A suspension in another jurisdiction must be reported to VA within 30 days, and it can itself be grounds for cancellation (14.629(b)(4); 14.633(c)(5)).
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. 38 U.S.C. 5904(b) lists grounds on which the Secretary, after notice and opportunity for a hearing, may suspend or exclude an agent or attorney. Which of the following is NOT a listed ground?
- A. Having lost a majority of the claims the agent or attorney presented in the prior year
- B. Having in any manner deceived, misled, or threatened any actual or prospective claimant
- C. Having charged excessive or unreasonable fees, as determined by the Secretary in accordance with subsection (c)(3)(A)
- D. Being incompetent
Show answer and explanation
Answer: A. Section 5904(b) lists, among other grounds, incompetence (b)(3), deceiving, misleading, or threatening a claimant (b)(5), and charging excessive or unreasonable fees (b)(8). A losing record by itself is not a listed ground.
Source: 38 U.S.C. 5904(b)(3), (5), (8)
More practice: 12 sample questions · free quiz
Frequently asked questions
Can VA take away a claims agent's accreditation?
Yes. The General Counsel can suspend or cancel it for misconduct, incompetence, or failing to meet the 14.629 requirements, after notice and a chance for a hearing (38 CFR 14.633).
How long do I have to respond to a notice of intent to cancel?
30 days from the date the notice was mailed. Any hearing request must be included in your answer (14.633(e)(2)(i)).
Can I appeal a cancellation?
Yes, but only to the Board of Veterans' Appeals (14.633(h)).
Sources
Checked October 4, 2026. Primary sources unless marked SECONDARY.