Claim Raven explanation
What this means
This section governs representation before the Court of Appeals for Veterans Claims. The Secretary is represented by VA's General Counsel, while appellant representation follows the Court's rules, including standards for nonlawyer practice the Court permits.
The Court may review a fee agreement on its own motion or a party's motion. When reviewing a fee agreement under this section or the referenced section 5904 provision, it may affirm the Board or reduce an excessive or unreasonable fee. That fee order is final and not reviewable in another court.
How this helps your claim
Court representation is governed by the Court's rules, not only VA accreditation rules for agency proceedings. A representative must file the fee agreement with the Court when the appeal is filed.
What to check in your records
Verify admission or permission to practice, file the agreement, and review the fee terms under the Court's standards.
- Keep the representative's Court admission or permitted-practice information.
- Preserve the signed fee agreement and proof it was filed with the appeal.
- Keep any Board or Court fee-review motion, finding, and order.
Treat Court and VA representation as separate engagements
Read whether the agreement covers only the Court appeal or also later work after remand. Confirm who pays costs, what ends the engagement, and how any other fee authority applies. Keep a copy that matches the version filed with the Court.
If challenging a fee, identify the disputed clause, services, amount, and why it is excessive or unreasonable under the applicable process. Do not assume that a VA past-due-benefits arrangement automatically governs Court work.
Does VA accreditation alone automatically authorize practice before the Veterans Court?
No. Appellant representation before the Court follows the Court's own rules. Attorneys and other permitted practitioners must satisfy those rules, and the fee agreement must be filed with the Court when the appeal is filed.
Official statutory text
38 USC § 7263
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.
§ 7263. Representation of parties; fee agreements
(a) The Secretary shall be represented before the Court of Appeals for Veterans Claims by the General Counsel of the Department.
(b) Representation of appellants shall be in accordance with the rules of practice prescribed by the Court under section 7264 of this title. In addition to members of the bar admitted to practice before the Court in accordance with such rules of practice, the Court may allow other persons to practice before the Court who meet standards of proficiency prescribed in such rules of practice.
(c) A person who represents an appellant before the Court shall file a copy of any fee agreement between the appellant and that person with the Court at the time the appeal is filed. The Court, on its own motion or the motion of any party, may review such a fee agreement.
(d) In reviewing a fee agreement under subsection (c) of this section or under section 5904(c)(2) of this title, the Court may affirm the finding or order of the Board and may order a reduction in the fee called for in the agreement if it finds that the fee is excessive or unreasonable. An order of the Court under this subsection is final and may not be reviewed in any other court.
Related references
- 38 USC § 5904: Accredited VA agents, attorneys, conduct, and fees
- 38 USC § 7252: What the Veterans Court may review
- 38 USC § 7266: Appealing a Board Decision to the Veterans Court
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