Federal law dictates that anyone assisting a veteran in the preparation, presentation and prosecution of an initial claim for veterans benefits requires accreditation authority from the Department of Veterans Affairs. (see 38 USC§ 5901). The only exception to this law is that any one person can help any veteran – one-time only – with a claim. To help any veteran a second time requires accreditation. See (38 CFR§ 14.630 & 38 USC§ 5903).
VA recognizes 3 types of individuals for purposes of accreditation.
Accredited attorneys,
Accredited agents, and
Accredited representatives of service organizations (Veterans Service Officers).
In order to be accredited to help veterans with new claims, an individual desiring this authority from VA must submit a formal application, must meet certain character requirements and work history requirements and, except for attorneys, must pass a comprehensive test relating to veterans claims and benefits. There are also requirements for ongoing continuing education.
There are well over 18,000 accredited attorneys and there are approximately 10,000 accredited representatives of service organizations who are typically called Veterans Service Officers. The most active of these are County Veterans Service Officers who are under the authority of their state Department of Veterans Affairs but are typically paid as county employees.
Only a few hundred of the over 18,000 accredited attorneys actually have received training and are thoroughly knowledgeable with veterans benefits. The rest of the accredited attorneys generally have not received training and often become accredited for other reasons.
There are approximately 500 accredited agents and these individuals must study for and pass an exam administered by the VA Office of General Counsel. Most accredited agents have the knowledge and background to handle veterans disability claims.
Without accreditation no one may help a veteran with a claim more than one time.