AM62 - Comment - Leo D Dougherty

The requirement in the proposed regulations for attorneys to take a test similar to the test for an Accredited Claims Agent is overly burdensome for both attorneys and the VA. Additionally, after almost two decades of attorneys representing veterans in the Court of Appeals for Veterans Claims, as well as at the administrative level after a Court remand, it seems entirely unnecessary for attorneys to take a test to prove their ability to represent veterans. This requirement would impose a time consuming burden on an agency already overwhelmed with paper work and struggling with a huge backlog of claims. Considering that the agency has for almost twenty years accepted notification of representation by attorneys on attorney letterhead, what would testing at this point accomplish? Arduous years of school, interning, and researching the law should make it reasonably clear that attorneys have a solid grasp on reviewing records, researching, reviewing case law and making cogent arguments on behalf of veterans. Imposing this requirement leaves one with the perception that the agency wants to discourage attorney participation and therefore runs counter to the intent of the new law. In reference to the requirement that agents must not represent veterans in an adversarial manner ignores the fact that the concept of veterans disability compensation and certain other benefits are, in fact, based in law. Therefore, the process is in itself necessarily adversarial. It is possible that an Agent who aggressively represents a veteran in a complicated claim may have his or her accreditation terminated for such aggressive representation. Agents should be able to provide to their veteran clients the same type of representation that veterans can expect from an attorney, and should be able to do so without fear of repercussion or termination of one's accreditation. It is a matter of fairness to the veteran. I urge the removal from the proposed regulations the requirement that attorneys must take a test before permitted to practice administratively before the agency. I also urge the removal of the requirement that would prohibit Agents from representing veterans with the same aggressive zeal veterans would expect from an attorney. Thank you for your consideration of these comments. The Department of Veterans Affairs (VA) proposes to amend its regulations governing the representation of claimants for veterans benefits in order to implement provisions of the Veterans Benefits, Health Care, and Information Technology Act of 2006, and to reorganize and clarify existing regulations. The proposed regulations would establish the procedures and rules necessary for VA to facilitate the paid representation of claimants by accredited agents and attorneys after a notice of disagreement has been filed with respect to a case. The intended effect of these regulations is to fulfill Congress' direction that agents and attorneys may be paid for services rendered after a notice of disagreement is filed with respect to a decision by an agency of original jurisdiction while ensuring that claimants for veterans benefits have responsible qualified representation in the preparation, presentation, and prosecution of claims for veterans benefits.