Checking VA Form 21-22a

3. Processing Agent/Attorney Appointments and Fee Agreements

Introduction

This topic contains information on processing agent or attorney appointments and fee agreements, including

• checking
• VA Form 21-22a
• accreditation, and
• a fee agreement
• actions when a fee agreement is unacceptable, and
• active duration of a fee agreement.

Change Date

September 15, 2025

8.A.3.a. Checking VA Form 21-22a

Prior to reviewing a fee agreement, an AAFC must first review the VA Form 21-22a and

• check
• the agent's or attorney's accreditation
• to ensure the form is properly completed and signed, and
• whether the claimant has elected to limit access to claims folder materials covered by 38 U.S.C. 7332, and
• perform the system updates, including ensuring the appropriate flashes and POA code are assigned.

If the VA Form 21-22a is incomplete and/or not signed, return the form to the claimant and the agent or attorney using the Form Incomplete Letter in the Veterans Benefits Management System (VBMS).

The AAFC must also review the fee agreement and take action as specified in M21-5, Chapter 8, Section A, 3.c and d to notify the claimant and agent or attorney of the lack of appointment as well as any other deficiencies identified in the fee agreement.

Note: If the agent/attorney provides an updated and valid VA Form 21-22a before the claim is authorized, and the original fee agreement was otherwise valid, a new fee agreement is not required.

Important:

• An agent or attorney must be properly appointed prior to the decision being rendered to pursue entitlement to fees.
• Unauthorized representation and solicitation of fees by unaccredited attorneys or agents are serious matters and should be reported to OGC. Indications of predatory practices, fraud, or otherwise unlawful acts by representatives may also be reported to the VA Office of Inspector General (OIG) Hotline.

References: For more information on

• the roles and associated duties of the AAFC, see M21-5, Chapter 8, Section A, 2.c
• checking the representative’s accreditation, see
• M21-1, Part I, Subpart i, 2.A.2.a, and
• M21-5, Chapter 8, Section A, 3.b
• reviewing a submitted VA Form 21-22a, see M21-1, Part I, Subpart i, 2.C.1.d
• checking that VA Form 21-22a is properly completed and signed, see M21-1, Part I, Subpart i, 2.C.1.e
• handling an incomplete VA Form 21-22a, see M21-1, Part I, Subpart i, 2.C.1.h
• the requirement for a completed appointment to process claims, and handling claim submissions when an appointment is not of record, see M21-1, Part I, Subpart i, 2.C.1.l
• acknowledging receipt of an appointment form, see M21-1, Part I, Subpart i, 2.C.1.i
• guidance on the impact to representative access to the claims and records protected by 38 U.S.C. 7332, see M21-1, Part I, Subpart i, 2.B.2
• checking the fee agreement, see M21-5, Chapter 8, Section A, 3.c
• performing system updates for POA, see M21-1, Part I, Subpart i, 2.C
• discontinuation of sensitive level 5 restricted access for fee cases, see the Office of Business Integration (OBI) letter 20C-21-02, Designation and Access of Sensitive Records and associated OBI letters, and
• the importance of attorney fee flashes for NWQ routing, see M21-5, Chapter 8, Section A, 2.e.

8.A.3.b. Checking Accreditation

If an agent or attorney is not listed on the OGC accreditation website, the AAFC must send the Attorney Not Acknowledged Letter found in the Letter Creator tool advising the

• agent/attorney that VA will not recognize the representation until accredited, and
• claimant of the options to either
• seek other representation, or
• proceed without representation until the agent/attorney is accredited.

The AAFC must also review the fee agreement and take action as specified in M21-5, Chapter 8, Section A, 3.c and d to notify the claimant and agent or attorney of the lack of VA accreditation as well as any other deficiencies identified in the fee agreement.

Note: Agents and attorneys must be accredited on the date of the Fee Allocation Notice to be eligible for direct payment of fees. If an agent or attorney was previously accredited and validly represented a claimant for a period of time but lost accreditation prior to the date of the Fee Allocation Notice, the notice must state that direct payment of fees is unavailable due to the agent or attorney now being unaccredited. The Attorney Not Acknowledged Letter is not required.

References: For more information on

• the accreditation requirement for representing VA claimants/beneficiaries, see M21-1, Part I, Subpart i, 2.A.2.a
• the action to take if the agent or attorney is not accredited, see M21-1, Part I, Subpart i, 2.A.2.c
• contacting OGC in cases of unauthorized solicitation of fees, see the OGC accreditation website
• checking accreditation as part of the required processing when a VA Form 21-22a is received, see M21-5, Chapter 8, Section A, 3.a
• the duty of the AAFC to check accreditation, see M21-5, Chapter 8, Section A, 2.c
• the requirement that agents and attorneys must be accredited on the date of VA's Fee Allocation Notice to be eligible for direct payment of fees, see 38 CFR 14.636(h)(1)(iii)
• updating the POA, see M21-1, Part I, Subpart i, 2.C.2, and
• Letter Creator tool, see the Letter Creator User Guide.

8.A.3.c. Checking a Fee Agreement

When a fee agreement is received, the AAFC must first check that the agent or attorney submitting the agreement has been duly appointed as the claimant’s representative.

If a fee agreement is submitted before the agent or attorney has been appointed as the claimant’s representative, take action as specified in M21-5, Chapter 8, Section A, 3.d.

If a fee agreement is submitted together with, or after, a VA Form 21-22a, the AAFC will determine whether the

• agreement satisfies the general requirements for fee agreements as specified in M21-5, Chapter 8, Section A, 1.b
• additional requirements for direct pay fee agreements are met as specified in M21-5, Chapter 8, Section A, 1.d and e, and
• agreement was timely filed as specified in M21-5, Chapter 8, Section A, 1.d and f.

Note: A fee agreement must be signed by both the claimant and the individual agent or attorney appointed as the representative of record on VA Form 21-22a. A fee agreement may contain the name of a law firm and/or signature of an attorney/agent or support staff assisting in the representation. However, VA will only authorize fee payments to the individual agent or attorney appointed as the representative of record on VA Form 21-22a.

If a fee agreement is not acceptable, take actions as specified in M21-5, Chapter 8, Section A, 3.d.

Reference: For more information on su bstantive and procedural requirements for direct pay fee agreements, see

• 38 CFR 14.636(g)(1) and (2)
• 38 CFR 14.636(h), and
• M21-5, Chapter 8, Section A, 1.b and d.

8.A.3.d. Actions When a Fee Agreement Is Unacceptable

If review of the fee agreement under M21-5, Chapter 8, Section A, 3.c shows that a fee agreement was submitted by an agent or attorney who has not been properly appointed, advise the attorney/agent that 38 CFR 14.636(c) provides that a fee may not be charged unless POA requirements in 38 CFR 14.631 have been met. 38 CFR 14.631(a) requires a valid POA to be completed for an agent or attorney to provide representation before VA.

Note: Unauthorized representation and solicitation of fees by unaccredited attorneys or agents are serious matters and should be reported to OGC. Indications of predatory practices, fraud, or otherwise unlawful acts by representatives may also be reported to the OIG Hotline.

If review of the fee agreement under M21-5, Chapter 8, Section A, 3.c shows the document is invalid in that it does not meet some criterion specified in M21-5, Chapter 8, Section A, 1.b - f,

• return it to the agent or attorney with a letter
• advising that fee agreement is not acceptable because it does not comply with 38 CFR 14.636, and
• explaining how it does not comply, and
• add a permanent "Attorney Fee Review" note to the claims folder documenting the basis for the invalid determination.

Use the Invalid Fee Agreement Letter in VBMS, identifying the specific basis for deeming the fee agreement unacceptable.

8.A.3.e. Active Duration of a Fee Agreement

Consider all valid fee agreements to remain valid until the agent or attorney unambiguously waives entitlement to fees on any future fee decisions. Previously appointed agents/attorneys with valid fee agreements on file may therefore be allocated a split of the fee whenever they provide representation on the case and there is no continuous agent/attorney eligible for direct payment of fees, assuming that the individual still meets all other requirements for eligibility to direct payment of fees (e.g., they are still accredited).

If an agent or attorney is appointed with a valid fee agreement, has representation revoked or withdrawn, and is subsequently reappointed as the representative, the agent/attorney does not need to submit a new fee agreement. The fee agreement from the previous period of representation is still valid assuming there is no unambiguous fee waiver. The full fee amount should be released to the agent or attorney that provided continuous representation on the case and is eligible for direct payment of fees.

Reference: For more information on determining fee allocation, see M21-5, Chapter 8, Section B, 3.e.