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Regulation · 38 CFR § 20.5

38 CFR 20.5: The right to representation in a Board appeal

§ 20.5 Rule 5. Right to representation.

Claim Raven explanation

What this means

An appellant has the right to representation at every stage of an appeal by a recognized organization, accredited attorney or agent, or another person authorized under VA’s rules.

Representation is optional. An appellant can proceed personally, appoint a representative later subject to procedural limits, or change representation using the applicable appointment and Board rules.

How this helps your claim

The right belongs to the appellant, but a representative must still be properly authorized and appointed. Fee rules, accreditation rules, and withdrawal procedures are addressed in separate sections.

What to check in your records

Confirm that VA’s Board records identify the representative the appellant intended to appoint and that the appointment remains active.

  • Keep the signed VA Form 21-22 or 21-22a and proof of filing.
  • Verify the representative’s accreditation or one-claim authorization.
  • Preserve Board correspondence showing who received copies and any later revocation, replacement, or withdrawal.

Keep the appointment current

Compare the representative named on the latest Board letter with the signed appointment. If they differ, address the record before assuming the representative is receiving notices.

A representative can help organize issues and evidence, but the appellant retains the right to review submissions and decide what positions to take.

Must I have a representative for a Board appeal?

No. The rule guarantees the right to representation, not a requirement to use it. A person who does represent the appellant must be recognized, accredited, or otherwise authorized.

Put this information to use

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Official regulatory text

38 CFR § 20.5

eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.

§ 20.5 Rule 5. Right to representation.

An appellant will be accorded full right to representation in all stages of an appeal by a recognized organization, attorney, agent, or other authorized person.

(Authority: 38 U.S.C. 5901-5905, 7105(a))

[57 FR 4104, Feb. 3, 1992. Redesignated and amended at 84 FR 184, Jan. 18, 2019]

Related references

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