A Representative’s Right to Notification and Review of Records

In This Section

Introduction

• notices that must be provided to the representative
• VA’s policy of partnership with appointed representatives
• providing notice of correspondence to
  • Veterans service organizations (VSOs), and
  • non-VSO representatives
• requirement to list the address for non-VSO representatives in the carbon copy (cc) line
• adding a non-VSO representative’s name and address to letters created outside the Veterans Benefits Management System (VBMS), and
• adding a representative’s name and address to letters in
  • VBMS Core
  • VBMS Awards (VBMS-A)/ Automated Decision Letter (ADL), and
  • the Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC) program.

Change Date

I.i.2.B.1.a. Notices That Must Be Provided to the Representative

• notices of certification and transfer of legacy appeals to the Board of Veterans’ Appeals
• intent to file notices
• incomplete application notices, and
• requests for information and evidence needed to substantiate a claim (e.g. development letters).

• Disclosure of Federal tax information (FTI) to a representative requires special considerations as noted in M21-1, Part XIV, 4.B.3.c.
• If the Veteran has multiple representatives, it is the claim processor’s responsibility to ensure that the correct representative is included on the appropriate correspondence.
• The right to receive copies of decision notices does not include a right to review copies of rating decisions prior to promulgation and issuance of a decision notice.

• the right of representatives to receive notices of decisions, see 38 CFR 3.103
• VA representation (including scope of representation), see M21-1, Part I, Subpart i, 2.A
• limitations imposed by a claimant’s election to not disclose records protected by 38 U.S.C. 7332, see M21-1, Part I, Subpart i, 2.B.2
• intent to file notices, see 38 CFR 3.155(b)
• notice of decisions, see 38 U.S.C. 5104
• incomplete applications, see 38 U.S.C. 5102
• information and evidence needed to substantiate a claim, see 38 U.S.C. 5103(a), and
• the policy that representatives have no authority to review rating decision prior to issuance of a decision notice by VA, see M21-1, Part I, Subpart i, 2.B.2.k.

I.i.2.B.1.b. VA’s Policy of Partnership With Representatives

VA policy is to work with representatives of claimants and beneficiaries in an equal partnership to effectively serve Veterans and their dependents and survivors. The policy requires VA employees to assist representatives.

I.i.2.B.1.c. Providing Notice of Correspondence to VSOs

I.i.2.B.1.d. Providing Notice of Correspondence to Non-VSO Representatives

• When preparing correspondence, always check the default address against the Office of General Counsel (OGC) accreditation list to ensure the address is current.
• If the Veteran has multiple representatives, it is the claim processor’s responsibility to ensure that the correct representative is included on the appropriate correspondence.
• When providing a paper copy of a decision notice based on a rating decision, and that decision notice is based on a rating decision, attach a copy of the rating decision Narrative and Codesheet.

I.i.2.B.1.e. Requirement to List the Address for Non-VSO Representatives in the CC Line

I.i.2.B.1.f. Adding a Non-VSO Representative’s Name and Address to Letters Created Outside VBMS

• if one exists, delete the generic designation (PRIVATE ATTORNEY WITH EXCLUSIVE CONTACT or AGENT OR PVT ATTY-EXCLUSIVE CONTACT NOT) within the Microsoft Word document from the cc line
• add the non-VSO representative’s name and address
• finalize the letter, and
• upload the letter to the eFolder.

I.i.2.B.1.g. Adding a Representative’s Name and Address to Letters in VBMS Core

• updating electronic systems for power of attorney, see M21-1, Part I, Subpart i, 2.C.2, and
• generating letters in VBMS, see the VBMS Core User Guide.

I.i.2.B.1.h. Adding a Representative’s Name and Address to Letters Generated in VBMS Awards/ADL

I.i.2.B.1.i. Adding a Representative’s Name and Address in the SOC/SSOC Program

Introduction

This topic contains information on representatives’ authority to review a claims folder, including

• authority
  • to review a claims folder, and
  • for contractors to review a claims folder
• assistance in reviewing the claims folder
• specific authorization required to disclose records protected by 38 U.S.C. 7332
• VA forms providing legally sufficient 38 U.S.C. 7332 authorization
• duration of 38 U.S.C. 7332 authorization
• 38 U.S.C. 7332 authorization - relationship to the representative’s system access
• notification requirement where appointment forms lack 38 U.S.C. 7332 election
• handling claims folder reviews by representatives of non-Veteran claimants in cases where the Veteran is living
• location for conducting a claims folder review, and
• no authority to review rating decisions prior to issuance of a decision notice.

Change Date

I.i.2.B.2.a. Authority to Review a Claims Folder

• if the appointment document is not signed, or
• the claimant does not authorize VA to disclose information on conditions protected by 38 U.S.C. 7332.

I.i.2.B.2.b. Authority for Contractors to Review a Claims Folder

I.i.2.B.2.c. Assistance in Reviewing the Claims Folder

I.i.2.B.2.d. Specific Authorization Required to Disclose Records Protected by 38 U.S.C. 7332

• drug abuse
• alcoholism or alcohol abuse
• infection with the human immunodeficiency virus, or
• sickle cell anemia.

• authorize disclosure of all protected records, or
• limit disclosure to one or more categories of protected records.

I.i.2.B.2.e. VA Forms Providing Legally Sufficient U.S.C. 7332 Authorization

• handling representative appointments, see M21-1, Part I, Subpart i, 2.C.1
• updating electronic systems to reflect a representative, see M21-1, Part I, Subpart i, 2.C.2
• acceptable versions of VA Form 21-22 or VA Form 21-22a, see M21-1, Part I, Subpart i, 2.C.1.c, and
• handling outdated forms, see
  • M21-1, Part II, Subpart i, 2.B.4, and
  • M21-1, Part I, Subpart i, 2.C.1.g.

I.i.2.B.2.f. Duration of 38 U.S.C. 7332 Authorization

When a claimant has completed a 38 U.S.C. 7332 authorization in connection with appointment of a representative using VA Form 21-22 or VA Form 21-22a, the authorization remains in effect until the earliest of the following:

• the claimant revokes the 38 U.S.C. 7332 authorization by filing a written revocation with VA
• the claimant revokes the representative’s appointment explicitly, or
• the claimant implicitly revokes the representative’s appointment by appointing another representative.

I.i.2.B.2.g. 38 U.S.C. 7332 Authorization - Relationship to the Representative’s System Access

• the form was valid at the time it was received
• the claimant has explicitly authorized the representative to access records protected by 38 U.S.C. 7332, and
• there are no restrictions described by the Veteran.

I.i.2.B.2.h. Notification Requirement Where Appointment Forms Lack 38 U.S.C. 7332 Election

• Send the notice provided in this block once. There is no requirement to send it with each new claim. The Failure to Elect 38 U.S.C. 7332 Letter has a readily identifiable subject line so employees can determine whether or not the letter was previously sent.
• There is no requirement for RO staff to routinely obtain updated authorization for release of records protected under 38 U.S.C. 7332. New and previous appointments remain valid as provided in M21-1, Part I, Subpart i, 2.B.2.f and g.

I.i.2.B.2.i. Handling Claims Folder Reviews by Representatives of Non-Veteran Claimants in Cases Where the Veteran Is Living

• to which the person is not entitled, or
• that does not pertain to the claimant alone.

I.i.2.B.2.j. Location for Conducting a Claims Folder Review

I.i.2.B.2.k. No Authority to Review Rating Decisions Prior to Issuance of a Decision Notice