AM62 - Comment - James Pi

In light of the recently published proposed rules regarding the accreditation of agents and attorneys (RIN 2900-AM62), please accept the following comments addressing section 14.629(c)(Representation by Attorneys, Law Firms, Students and Paralegals). In requiring usage of VA Form 21-22a to appoint an accredited attorney, ?VA intends to facilitate efficient adjudication of claims through universal use of this form. VA?s field personnel cannot efficiently or accurately sort through a variety of appointment forms and releases, many of which would require further legal review to determine whether VA could lawfully release a claimant?s information.? 72 Fed. Reg. 25,932 (May 7, 2007). The VA has recognized the operational principles of law firms by allowing legal interns, law students, or paralegals to assist in the preparation, presentation, or prosecution of a claim. However, proposed rule 14.629(c) requiring written consent identifying the names of the legal interns, law students, or paralegals assisting in the case is contrary to ?efficient adjudication.? This proposed rule would require the submission of new consent forms identifying each additional legal intern or paralegal assisting in a particular case, and would unnecessarily inundate the VA with multiple consent forms. Recognition of law firms or legal services companies as the claimant?s representative would satisfy VA?s intent to efficiently process and adjudicate claims. Such recognition would require the use of a single authorization form, and would eliminate the need for VA?s field personnel to sort through multiple appointment and consent forms. Recognition of law firms or legal services offices would also enable accredited attorneys or agents employed by the same firm to assist in case development at any time during the claim without the need for additional appointment forms, and would enable expeditious processing of attorney fee payments by eliminating potential fee splitting issues where more than one accredited attorney or agent from the same firm has contributed to a case. Hence, a final rule containing provisions for recognizing representation by law firms or legal services offices would provide the efficient adjudication desired by the VA. The failure to recognize such representation would create an undue burden for both the VA and accredited attorneys or agents. 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.