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.
Gather before you start
Attach with the form
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)
- 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
- 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.
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)
- 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.
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
- Defaulting NO when those records are central to the claim - attorney can't advocate without them.
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)
- Forgetting to sign - returned for completion.
- Forgetting that POA can be revoked - file a new 21-22 / 21-22a or a written revocation letter.