What counts as "practice before VA"? When you need accreditation to help with claims

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

Federal law says no individual may act as an agent or attorney in the preparation, presentation, or prosecution of a VA claim unless VA has recognized them (38 U.S.C. 5901(a)). OGC reads "preparation" broadly, and accreditation is required "even without charge" (OGC fact sheet).

OGC's two-question test

OGC asks: (1) Has the veteran or beneficiary expressed an interest in filing a VA benefit claim? (2) What services are being provided, and do they have significance beyond entitlement to VA benefits? (OGC FAQ).

What counts as preparing, presenting, or prosecuting a claim

According to OGC, preparing a claim "generally includes, but is not limited to":

• consulting with or giving advice to a claimant or potential claimant in contemplation of filing a claim;
• gathering evidence in support of a claim on the claimant's behalf;
• filling out VA forms for submission.

Presenting and prosecuting includes filing or pursuing an initial claim, a request for further review, or a Board appeal. Services that "would have no value or purpose, or very little value or purpose, outside of VA's adjudication process" strongly suggest practice before VA (OGC FAQ).

Advising a claimant on a specific benefit claim, or directing them on how to fill out the application, counts "even if you never put pen to paper" (OGC fact sheet, Q5).

Exceptions and limits

• One-time help: any person may be authorized to prepare, present, and prosecute one claim, with VA Form 21-22a and a signed statement that no compensation will be charged. Further exceptions are possible only in unusual circumstances (38 CFR 14.630).
• Supervised staff: paralegals, law students, and legal interns may assist under an attorney of record's direct supervision with claimant consent (14.629(c)(3)).
• Other services: unaccredited people "may provide other services to veterans so long as they do not assist in the preparation, presentation, and prosecution of claims" (OGC FAQ).

Why this matters if you plan to become an agent

• Until you are accredited, helping someone with a specific claim generally requires accreditation, even for free (OGC fact sheet). VBA warns that unaccredited individuals who prepare, present, or prosecute claims, or who hold themselves out as authorized to, "are in violation of Federal law" (VBA).
• VA may not recognize, and may report, people acting without accreditation. VA.gov says claimants can file a complaint about someone who is not accredited but tries to help with a claim (VA.gov FAQs).
• Once accredited, you still cannot charge for initial-claim work (fees), and accreditation may not be used to promote other businesses (OGC fact sheet, Q6).