[Congressional Record Volume 161, Number 143 (Thursday, October 1, 2015)]
[Extensions of Remarks]
[Page E1412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CODE OF ETHICS FOR THE AMVETS NATIONAL SERVICE FOUNDATION'S ATTORNEYS 
                                IN FACT

                                 ______
                                 

                         HON. GUS M. BILIRAKIS

                               of florida

                    in the house of representatives

                       Thursday, October 1, 2015

  Mr. BILIRAKIS. Mr. Speaker, I submit the following code of ethics for 
AMVET's Attorneys-in-Fact. AMVET is one of America's leading veterans' 
service organizations with over 250,000 members with a proud history of 
assisting veterans.
  An attorney in fact is a person who is authorized to perform 
business-related transactions on behalf of someone else (the client), 
but not necessarily authorized to practice law. In order to become 
someone's attorney in fact, a person must have the client sign a power 
of attorney document (VA Form 21-22).


                     Rules of Professional Conduct

  Rule 1: All AMVETS attorneys in fact will be honest when dealing with 
veterans and surviving family members. They will do the same when 
dealing with Department of Veterans' Affairs (VA) employees and other 
officials.
  Rule: 2 AMVETS attorneys in fact will submit quality claim packages 
for issues that may be granted; not sheer quantity to swell report 
numbers.
  Rule 3: The attorney in fact claimant relationship is confidential by 
law and VA regulation. It will be protected at all times. The mandate 
to protect privileged information continues forever and applies equally 
to any clerical staff assigned to the office.
  Rule 4: The attorney in fact will pursue a course of continuing 
education. They must stay current with new laws, regulations, VA's 
policies and procedures as well as all AMVETS policies and procedures 
promulgated by the AMVETS national service director.
  Rule 5: The attorney in fact will determine all issues that occurred 
in-service. This is done through discussions with the client and a 
review of their supporting documents and records.
  Rule 6: The attorney in fact will not sign off on any rating 
decisions that do not fully address, or defer for additional 
development, all issues contained in the claim.
  Rule 7: Hardship claims will be expedited and closely monitored by 
the AMVETS attorney in fact to ensure a rapid decision and release of 
compensation and other benefits needed by the client.
  Rule 8: AMVETS' attorney in fact will participate in all VA staff/
veteran service organization (VSO) meetings called by the VA if 
available. Additionally, they will request staff meetings if problems 
arise due to VA's internal policy and procedures that need to be 
addressed.
  Rule 9: AMVETS' attorney in fact will ensure VA examinations are 
complete, accurate and meet the current guidelines necessary for 
accurate rating decisions. Anything less than a complete examination 
may result in the client being denied benefits that are deserved under 
the current law.
  Rule 10: It is not ethical for an attorney in fact to ask veterans to 
change their power of attorney (POA) from one VSO to another. Veterans 
represented by another organization should be referred to the 
organization that currently holds the power of attorney. However, if a 
veteran has a valid claim and insists on AMVETS' representation, then 
the POA may be accepted.
  Rule 11: It is highly unprofessional to make any derogatory comments 
about another VSO.
  Rule 12: AMVETS attorney in fact will establish rapport to educate 
and advise the client in the basics of VA law, policies procedures so 
they understand what documentation is required for their claim.
  Rule 13: AMVETS will file an appeal only if the reason to appeal is 
based in fact (evidence contained in the client's record) or law (VA's 
failure to grant the benefit requested violates provisions contained in 
38 Code of Federal Regulations). If a client wishes to file an appeal 
that the VA may never grant under the current law, then the AMVETS 
attorney in fact will not represent the claim since it has no merit.
  Rule 14: Appeals should only be used as the last resort since they 
are a three to five year process. Other avenues such as a request for 
reconsideration based on overlooked evidence of record or new and 
material evidence should be used first.
  Rule 15: An AMVETS attorney in fact will not tell a client that they 
may not file an appeal. However, they will explain to a client, based 
on current law, what they must do in order to win an appeal. If the 
client is unable to provide the necessary records then AMVETS will not 
represent that claim as an appeal.
  Rule 16: Under no circumstances will an AMVETS' attorney in fact 
solicit or accept any monetary gifts, goods or products in appreciation 
or compensation for their professional services.
  Rule 17: AMVETS attorney in fact will never present a membership 
application to a veteran during the initial claim process. Doing so is 
akin to extortion. However, if a client requests a membership 
application, then they will be provided with one after they explain 
that membership is not required for their services.

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