Lawyers still need VA's permission slip
A law degree alone does not let an attorney represent veterans before VA. Attorneys join the same accreditation system as agents, entering through bar membership instead of the exam, then living under the same conduct and fee rules.
VA OGC accredited attorneys: how lawyers earn VA accreditation
Quick answer: A VA OGC accredited attorney is a licensed lawyer whom VA's Office of General Counsel has recognized to represent claimants in VA benefit matters. Attorneys enter the accreditation system through bar membership in good standing rather than the written exam, then follow the same continuing legal education, standards of conduct, and fee rules as claims agents, including the 20 percent cap on past-due benefits. VA accreditation is federal, so it works in every state, but it does not include admission to the Court of Appeals for Veterans Claims.
TL;DR
- Attorneys are accredited via bar membership and good standing, not the OGC exam.
- Once in, they share the agents' CLE, conduct, and fee rules, including the 20% cap.
- Accreditation covers practice before VA only; the veterans court has its own bar.
Who accredited attorneys are
Congress created three doors into VA representation: agents, attorneys, and VSO representatives. The attorney door exists because lawyers already proved legal competence through the bar, so making them sit OGC's exam would be redundant. Under 38 CFR 14.629, an attorney applies to OGC, proves membership in good standing of a state bar, and clears the same character-and-fitness review agents face. That is the trade: the exam is waived, but everything else about the system still applies. If you are studying for the agent exam, this matters because the test expects you to know the attorney provisions too, including where the rules treat attorneys differently and where they treat everyone the same. Our agent vs attorney vs VSO comparison lays the three paths side by side.
The attorney requirements
The core requirement is simple: be a member in good standing of the bar of the highest court of a state, and stay that way. Lose good standing and the accreditation is at risk. Beyond that, attorneys take on the same ongoing duties as agents. They complete 3 hours of qualifying continuing legal education within the first 12 months of accreditation, complete additional CLE within 3 years and every 2 years after, and file annual certifications of good standing. They are bound by the standards of conduct in 38 CFR 14.631 and subject to the same suspension and cancellation procedures as agents. In other words, accreditation is not a rubber stamp for lawyers: it is admission to a regulated federal practice with real, enforceable obligations. See CLE requirements and standards of conduct for the details.
How attorneys differ from agents
The differences are narrower than most people expect. Attorneys skip the exam; agents take it. Attorneys prove bar membership; agents prove a bachelor's degree or equivalent plus exam passage. That is essentially the whole list of structural differences on the way in. On the way out, into actual practice, the two categories are near twins. Both can represent claimants anywhere in the country, both gather evidence and file on a claimant's behalf, and both charge fees under identical rules. A common myth is that attorneys can charge more or take a bigger cut; they cannot. The fee agreement rules and the 20 percent cap in 38 CFR 14.636 apply equally. If you are choosing a path for yourself, the honest question is not which category is more powerful but which door you can walk through: if you are already a lawyer, the attorney door is open; if you are not, the agent path and its exam are the way in. Read claims agent vs attorney for the practitioner comparison.
The shared fee and conduct rules
Once accredited, attorneys play by the same rulebook as agents. Fees are permitted only for work connected to claims after VA has issued its initial decision, never for filing the original claim. Every fee must rest on a written fee agreement, and fees are capped at 20 percent of past-due benefits, with OGC reviewing agreements for reasonableness. The standards of conduct require competent, diligent representation, honest communication with claimants, and no conduct that undermines the system. Violations can draw suspension or cancellation of accreditation through the same disciplinary process that governs agents. For veterans reading this, the practical takeaway is that an accredited attorney and an accredited agent offer the same fee protections, so choose based on experience and fit, not on the title. Our claims agent fees guide and 20 percent fee rule explainer cover the money rules in depth.
What accreditation does not cover
VA accreditation authorizes practice before VA, the agency. It does not admit anyone to the U.S. Court of Appeals for Veterans Claims, the federal court that reviews Board decisions. That court maintains its own bar, and attorneys who want to take cases there apply to the court separately. Accreditation also does not make someone a VA employee, does not grant access to VA's internal systems, and does not override a state bar's own discipline: an attorney disciplined by their state bar will have VA accreditation problems too. Keep the boundary clear in your mind, because the exam tests it: VA practice and court practice are separate grants of authority.
How veterans find an accredited attorney
Veterans looking for an accredited attorney should start where everyone should start: OGC's Accreditation Search. Search by name or location and filter for attorneys, then confirm the listing shows current accreditation before hiring anyone. Anyone can call themselves a veterans lawyer on a billboard; only the OGC search proves they hold the federal permission to practice before VA. Before signing, ask for the fee agreement in writing, confirm it respects the 20 percent cap, and make sure you understand what services the fee covers. If someone will not put it in writing, walk away.
Interactive: the attorney accreditation steps
Tap each step as you read it to track progress through the attorney path. 0 of 5 complete
Hold a bar license in good standing.
The entry ticket: membership in good standing of a state bar, maintained continuously.
Apply to OGC.
Submit the attorney accreditation application with proof of bar standing to the Office of General Counsel.
Clear character and fitness.
OGC reviews background and fitness, the same gate agents pass through.
Complete 3 hours of CLE in the first 12 months.
Qualifying veterans-benefits education, then more by year 3 and every 2 years after.
Practice under the shared rules.
Same conduct standards, same fee agreements, same 20 percent cap, same discipline system as agents.
Primary sources
- 38 CFR Part 14, accreditation requirements, conduct, and fee rules (eCFR).
- 38 U.S.C. 5901, recognition of agents and attorneys (Legal Information Institute).
- 38 U.S.C. 5904, fee rules for agents and attorneys (Legal Information Institute).
- VA OGC accreditation page, the program's official home (va.gov).
Frequently asked questions
Do VA-accredited attorneys have to take the OGC accreditation exam?
No. The written exam is for non-attorney agents. Attorneys are accredited on the strength of their bar membership and good standing instead. They must still meet the character, CLE, and conduct requirements that apply to everyone in the system.
Can an accredited attorney charge more than a claims agent?
No. Attorneys and agents live under the same fee rules: fees only for work after VA's initial decision, a 20 percent cap on past-due benefits under 38 CFR 14.636, and written fee agreements filed with OGC. Being a lawyer does not raise the cap.
Can an accredited attorney represent veterans at the Court of Appeals for Veterans Claims?
Only with separate admission to the Court's own bar. VA accreditation covers practice before VA, the agency. The Court of Appeals for Veterans Claims is a separate federal court with its own admission requirements, so attorneys who want to go there apply to the Court separately.
How does an attorney become VA-accredited?
The attorney applies to OGC with proof of membership in good standing of a state bar, clears the character-and-fitness review, and completes 3 hours of qualifying CLE within the first 12 months of accreditation. Ongoing CLE and annual certifications keep the accreditation in good standing.
Can an accredited attorney represent a veteran in any state?
Yes. VA accreditation is federal and works in all 50 states, even if the attorney's bar license is from just one state. This is separate from ordinary state law practice rules: the federal accreditation is what authorizes the VA representation.
How do I find an OGC-accredited attorney?
Use OGC's Accreditation Search on va.gov and filter for attorneys. Confirm the attorney shows as currently accredited before hiring them, and ask how their fee agreement works under the 20 percent cap before signing anything.
VA Claims Agent Exam Prep