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Federal statute · 38 USC § 5903

38 USC 5903: One-claim recognition for an unpaid representative

§ 5903. Recognition with respect to particular claims

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Claim Raven explanation

What this means

This section permits VA to recognize an individual for one particular claim when the person certifies that no fee or compensation will be charged and files the required power of attorney. The person remains subject to VA's suspension and exclusion standards.

The Secretary may grant this recognition rather than must grant it. The individual is treated like a generally recognized agent or attorney for purposes of section 5904(b)'s suspension and exclusion provisions. Recognition in one matter should not be represented as authority to handle unrelated claims.

How this helps your claim

This is limited recognition for a particular claim, not general accreditation to represent claimants in other matters. Both the no-fee certification and the claim-specific appointment are required.

What to check in your records

Confirm the recognition applies to this claim, the appointment is filed, and no compensation is being charged.

  • Keep VA's particular-claim recognition decision or acknowledgement.
  • Preserve the signed power of attorney and no-fee certification.
  • Document the claim or issue to which the recognition applies.

Keep the appointment tied to the named claim

Identify the veteran, benefit, and claim or appeal covered by the recognition. If a new claim or separate family member's matter arises, do not assume the earlier recognition carries over.

Because compensation is prohibited, preserve any invoice, donation request, or side agreement that appears inconsistent with the certification. Check general accreditation under section 5904 if the individual claims broader authority.

Does recognition for one claim make someone a generally accredited VA agent?

No. Section 5903 concerns recognition for a particular claim. General agent or attorney recognition follows section 5904 and VA's implementing standards.

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Official statutory text

38 USC § 5903

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.

§ 5903. Recognition with respect to particular claims

(a) In General.—The Secretary may recognize any individual for the preparation, presentation, and prosecution of any particular claim for benefits under any of the laws administered by the Secretary if—

(1) such 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 such claim; and

(2) such individual has filed with the Secretary a power of attorney, executed in such manner and in such form as the Secretary may prescribe.

(b) Suspension.—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.

Related references

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