Claim Raven explanation
What this means
This section generally prohibits an individual from acting as an agent or attorney in preparing, presenting, or prosecuting a VA claim unless VA has recognized that person. It also requires multilingual online warnings and links for reporting and checking representatives.
The prohibition concerns acting in the preparation, presentation, or prosecution of a claim, subject to the title 5 exception referenced by the statute. VA's online tools must warn claimants about violations, provide reporting access, link to a recognized-representative search, and provide final discipline decisions in English, Spanish, Tagalog, and seven other common languages.
How this helps your claim
Recognition protects the claims process from unqualified or predatory representation. Other provisions address recognized service-organization representatives, one-claim recognition, agent and attorney standards, and fees.
What to check in your records
Verify the person's current VA recognition and discipline history before relying on a representation agreement.
- Search VA's recognition tool for the individual's name and status.
- Keep the power of attorney, engagement terms, and all fee documents.
- Preserve advertisements or communications that describe the services offered.
Verify recognition before signing
Match the exact individual, not only a company name, to VA's recognition records. Check whether the person appears as an attorney, accredited agent, or recognized organization representative and whether any discipline decision applies.
Read what the agreement authorizes the person to do. General coaching or records services can be described in ways that blur into claim representation. Preserve the actual communications and use VA's reporting link if the person appears to be acting without recognition.
Is any business that helps with a VA claim an accredited representative?
No. Accreditation or recognition belongs to the individual or recognized organization status established by VA. Verify the specific person who will prepare, present, or prosecute the claim.
Official statutory text
38 USC § 5901
OLRC release: pl-119-108. Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 5901. Prohibition against acting as claims agent or attorney
(a) In General.—Except as provided by section 500 of title 5, no individual may act as an agent or attorney in the preparation, presentation, or prosecution of any claim under laws administered by the Secretary unless such individual has been recognized for such purposes by the Secretary.
(b) Warnings About Potential Predatory Practices.—(1) The Secretary shall ensure that, each time a claimant under a law administered by the Secretary logs in to a website or online tool of the Department, such website or online tool issues to the claimant, in plain language—
(A) a warning about individuals who seek to act in violation of this chapter;
(B) a link to an online tool of the Department through which the claimant may report such an individual;
(C) a link to an online tool of the Department through which the claimant may search for a recognized agent, attorney, or other entity recognized by the Secretary for the preparation, presentation, or prosecution of any claim under laws administered by the Secretary; and
(D) a link to a website or an online tool of the Department providing final decisions on discipline of agents, attorneys, and entities, described in subparagraph (C), by the Secretary for violations of this chapter.
(2) The Secretary shall provide all information under paragraph (1) in the following languages:
(A) English.
(B) Spanish.
(C) Tagalog.
(D) The seven other languages most commonly spoken in the United States.
Related references
- 38 USC § 5902: VA recognition of service-organization representatives
- 38 USC § 5903: One-claim recognition for an unpaid representative
- 38 USC § 5904: Accredited VA agents, attorneys, conduct, and fees
- 38 USC § 5905: Criminal penalty for wrongfully withholding VA benefits
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