VA Form 21-22a
Appointment of Individual as Claimant's Representative
You want professional legal representation (typically for a complex claim, denied claim, or appeal) instead of (or in addition to) a free VSO.
- Who fills it
- veteran
- Journey phase
- Before You File
- Estimated time
- 15-30 minutes.
- When to file
- When you decide to retain an attorney or agent. Many veterans start with a VSO and switch to an attorney at the appeals stage.
Official VA form page: https://www.va.gov/find-forms/about-form-21-22a/
Gather before you start
- ▸Your full legal name, SSN, VA File Number, address, phone
- ▸Name and accreditation status of the individual you are appointing (attorney, agent, or one-time rep)
- ▸Their address, phone, and email
- ▸Fee agreement terms (if any) - attorneys/agents will provide separately
- ▸Decision on sensitive-records consent (same as 21-22)
Attach with the form
- ▸Fee agreement (if attorney/agent will charge a fee) - separate document, see 38 CFR 14.636
Section I - Veteran/Claimant Identification
Blocks 1-8Name, SSN, VA File Number, DOB, address, phone, emailPII
Match exactly to your VA records.
(use legal name from DD-214)
Common mistakes
- ×Mismatched name/SSN with VA records - POA fails to attach.
Section II - Representative Information
Blocks 9-13Representative name, accreditation type, address, phone, email
Three accreditation types: (a) ACCREDITED ATTORNEY (verify at va.gov/ogc/apps/accreditation), (b) ACCREDITED AGENT (also verifiable at OGC), (c) INDIVIDUAL ONE-TIME REPRESENTATIVE (e.g., a friend or family member helping with one specific claim - cannot charge fees, must be approved by VA per case).
e.g., Jane Smith, Esq. - Accredited Attorney - VA Bar #12345
Common mistakes
- ×Hiring a "claim shark" without checking accreditation - non-accredited individuals charging fees is illegal under 38 USC 5904.
- ×Confusing attorney vs agent - both can charge fees but agent fees often capped lower; verify accreditation type matches what you signed.
- ×Using a one-time individual representative for a complex claim - they cannot charge fees and lack the experience for appeals.
Authority
- 38 CFR 14.626 - Who may represent claimants before VA.
- 38 CFR 14.629 - Accreditation requirements.
Section III - Fee Agreement Terms
Block 14Fee agreement attached / disclosed
Attorneys and agents may charge fees ONLY for past-due benefits awarded after a Notice of Disagreement is filed (legacy) or after AMA HLR/Supplemental/Board appeal triggers. Initial-claim representation is generally fee-prohibited. Fees are typically capped at 33% of past-due benefits and must be reasonable per 38 CFR 14.636. The fee agreement is a separate signed document attached to this POA.
Fee agreement attached (separate document)
Common mistakes
- ×Signing a fee agreement above 33% - VA can review and reduce. Reject anything higher and pick a different attorney.
- ×Not understanding when fees can be charged - initial claims (pre-NOD) are fee-prohibited; you should not be paying for a first-claim attorney.
- ×Paying upfront fees - reputable VA-accredited attorneys take fees as a percentage of past-due benefits, paid by VA directly to the attorney.
Authority
- 38 CFR 14.636 - Attorney/agent fee rules and 33% cap on past-due benefits.
Section IV - Sensitive Records Authorization
Blocks 15a-15dAuthorize disclosure of sensitive records (drug, alcohol, HIV, sickle cell)
Same four boxes as 21-22 - default NO unless checked.
Check yes/no for each
Common mistakes
- ×Defaulting NO when those records are central to the claim - attorney can't advocate without them.
Authority
- 38 USC 1720D - MST counseling and care without regard to service connection.
Section V - Signature
Blocks 16-17Veteran signature, date, attorney/agent counter-signaturePII
Sign and date. The attorney/agent counter-signs. POA is effective when both have signed.
(signature/date when filing)
Common mistakes
- ×Forgetting to sign - returned for completion.
- ×Forgetting that POA can be revoked - file a new 21-22 / 21-22a or a written revocation letter.
Statutory and regulatory authority
- 38 CFR 14.626 - Who may represent claimants before VA.
- 38 CFR 14.629 - Accreditation requirements.
- 38 CFR 14.631 - Form, content, and revocation of POA appointments.
- 38 CFR 14.636 - Attorney/agent fee rules and 33% cap on past-due benefits.
- 38 USC 5101 - Standardized form requirement.