Claim Raven explanation
What this means
This section allows VA to recognize representatives of approved organizations to prepare, present, and prosecute claims. A recognized representative may not charge the claimant for that service and must file the required power of attorney for each claim.
Unless the claimant specifically chooses only one recognized representative, VA may treat a power of attorney naming an organization, office, or representative as appointing the entire organization. When notice to the representative is required, VA sends it to the organization's designated address. Recognized representatives remain subject to the conduct provisions incorporated from section 5904(b).
How this helps your claim
Organization recognition and individual recognition work together. Naming an approved organization can generally appoint the organization as a whole unless the claimant specifically limits the appointment to one recognized representative.
What to check in your records
Confirm the organization, individual representative, no-fee certification, and scope of the filed power of attorney.
- Keep the executed VA power-of-attorney form and acceptance record.
- Verify the organization and individual representative are currently recognized.
- Preserve notices sent to the organization and any requested appointment limitation.
Know whether you appointed a person or the organization
Read the executed appointment and note whether it expressly limits representation to a named individual. If continuity matters when staff changes, an organization-wide appointment may function differently from a specifically limited one.
Keep your own copies of decisions and submissions even when the organization receives notice. The representative's no-fee certification covers claim services under this section, but the record should still make the appointment and communications clear.
May a recognized organization representative charge me for claim representation?
Not under recognition through this section. The individual must certify that no fee or compensation of any nature will be charged for services connected with the claim.
Official statutory text
38 USC § 5902
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.
§ 5902. Recognition of representatives of organizations
(a)(1) The Secretary may recognize representatives of the American National Red Cross, the American Legion, the Disabled American Veterans, the United Spanish War Veterans, the Veterans of Foreign Wars, and such other organizations as the Secretary may approve, in the preparation, presentation, and prosecution of claims under laws administered by the Secretary.
(2) The Secretary may, in the discretion of the Secretary, furnish, if available, space and office facilities for the use of paid full-time representatives of national organizations so recognized.
(b)(1) No individual shall be recognized under this section—
(A) unless the individual has certified to the Secretary that no fee or compensation of any nature will be charged any individual for services rendered in connection with any claim; and
(B) unless, with respect to each claim, such individual has filed with the Secretary a power of attorney, executed in such manner and form as the Secretary may prescribe.
(2) An individual recognized under this section shall be subject to the provisions of section 5904(b) of this title on the same basis as an individual recognized under section 5904(a) of this title.
(c)(1) Unless a claimant specifically indicates in a power of attorney filed with the Department a desire to appoint only a recognized representative of an organization listed in or approved under subsection (a), the Secretary may, for any purpose, treat the power of attorney naming such an organization, a specific office of such an organization, or a recognized representative of such an organization as the claimant’s representative as an appointment of the entire organization as the claimant’s representative.
(2) Whenever the Secretary is required or permitted to notify a claimant’s representative, and the claimant has named in a power of attorney an organization listed in or approved under subsection (a), a specific office of such an organization, or a recognized representative of such an organization without specifically indicating a desire to appoint only a recognized representative of the organization, the Secretary shall notify the organization at the address designated by the organization for the purpose of receiving the notification concerned.
(d) Service rendered in connection with any such claim, while not on active duty, by any retired officer, warrant officer, or enlisted member of the Armed Forces recognized under this section shall not be a violation of sections 203, 205, 206, or 207 of title 18.
Related references
- 38 USC § 5901: Who may act as a VA claims agent or attorney
- 38 USC § 5903: One-claim recognition for an unpaid representative
- 38 USC § 5904: Accredited VA agents, attorneys, conduct, and fees
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