[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56284-56285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22843]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0605]


Agency Information Collection Activity Under OMB Review: 
Application for Accreditation as a Claims Agent or Attorney, Filing of 
Representatives' Fee Agreements and Motions for Review of Such Fee 
Agreements

AGENCY: Office of General Counsel, Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995, 
this notice announces that the Office of General Counsel (OGC), 
Department of Veterans Affairs, will submit the collection of 
information abstracted below to the Office of Management and Budget 
(OMB) for review and comment. The PRA submission describes the nature 
of the information collection and its expected cost and burden and it 
includes the actual data collection instrument.

DATES: Comments must be submitted on or before November 20, 2019.

ADDRESSES: Submit written comments on the collection of information 
through www.Regulations.gov, or to Office of Information and Regulatory 
Affairs, Office of Management and Budget, Attn: VA Desk Officer; 725 
17th St. NW, Washington, DC 20503 or sent through electronic mail to 
[email protected]. Please refer to ``OMB Control No. 2900-
0605'' in any correspondence.

FOR FURTHER INFORMATION CONTACT: Danny S. Green, Enterprise Records 
Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue 
NW, Washington, DC 20420, (202) 421-1354 or email [email protected].

[[Page 56285]]

Please refer to ``OMB Control No. 2900-0605'' in any correspondence.

SUPPLEMENTARY INFORMATION: 
    Authority: 38 U.S.C. 5901, 5904; 38 CFR 14.629, 14.636.
    Title: Application for Accreditation as a Claims Agent or Attorney, 
Filing of Representatives' Fee Agreements and Motions for Review of 
Such Fee Agreements.
    OMB Control Number: 2900-0605.
    Type of Review: Reinstatement of a previously approved collection.
    Abstract: Applicants seeking accreditation as claims agents or 
attorneys to represent benefits claimants before VA must complete VA 
Form 21a. The applicant is required to file the application with OGC to 
establish initial eligibility for accreditation. The information 
requested includes basic identifying information, as well as certain 
information concerning training and experience, military service, and 
employment. The information is used to evaluate qualifications, ensure 
against conflicts of interest, and to establish that statutory and 
regulatory eligibility requirements, e.g., good character and 
reputation, are met. If a potential area of concern is identified on 
the application, additional information may be requested. Applicants 
who become accredited as agents and attorneys may not lawfully 
represent claimants without completing and maintaining accreditation 
requirements. The data is used to determine the applicant's eligibility 
for accreditation as a claims agent or attorney. The information 
collected with regard to an attorney or agent's good standing with 
other courts, bars, and Federal and State agencies and completion of 
their ongoing CLE requirements is used by OGC in monitoring accredited 
attorneys and agents to determine whether they continue to have the 
appropriate character and reputation and that they remain fit to 
prepare, present, and prosecute VA benefit claims.
    The data collected under Filing of Representatives' Fee Agreements 
is used by OGC to associate the fee agreement with the attorney or 
agent of record and for potential use in a reasonableness review. The 
fee agreement information is used by VA's Veterans Benefits 
Administration (VBA) to associate the fee agreement with the claimant's 
claims file for potential use in processing as the direct payment of a 
fee from the claimant's past-due benefits award. The information 
provided in the fee agreements are used by both VBA and OGC to 
determine whether they are in compliance with the statutes and 
regulations governing paid representation. The data collected under 
Motions for Review of Such Fee Agreements is used when a motion is 
filed by a claimant or raised sua sponte by VA to determine the 
reasonableness of an agent or attorney fee from a claimant's award of 
VA benefits. Also, when a claimant receives an award of benefits and 
has retained more than one attorney or agent who has been found 
eligible for direct payment of fees, the data is used to determine each 
of the attorney's or agent's contribution to and responsibility for the 
ultimate outcome of the claimant's claim.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The Federal Register Notice with a 
60-day comment period soliciting comments on this collection of 
information was published at: Vol. 84, No. 143, Thursday, July 25, 
2019, pages 35931 and 35932.
    Affected Public: Individuals and businesses or other for-profit 
organizations.
    Estimated Annual Burden:
    a. Application for Accreditation as a Claims Agent, VA Form 21a: 
2,137.5 hours (975 hours for initial responses by attorneys, 225 hours 
for initial responses by non-attorneys, 187.5 hours for follow up 
responses by non-attorneys, and 750 hours for recertifications by 
accredited attorneys and agents).
    b. Filing of Representatives' Fee Agreements: 3,125 hours (750 
hours for first time filers and 2,375 hours for repeat filers).
    c. Motions for Review of Such Fee Agreements: 420 hours.
    Estimated Average Burden per Respondent:
    a. Application for Accreditation as a Claims Agent or Attorney, VA 
Form 21a: 20 minutes (45 minutes for initial responses by attorneys, 45 
minutes for initial responses by non-attorneys, 45 minutes for follow 
up responses by non-attorneys, and 10 minutes for recertifications by 
accredited attorneys and agents).
    b. Filing of Representatives' Fee Agreements: 13 minutes (1 hour 
for first time filers and 10 minutes for repeat filers).
    c. Motions for Review of Such Fee Agreements: 2 hours.
    Frequency of Response: One time.
    Estimated Number of Respondents:
    a. Application for Accreditation as a Claims Agent, VA Form 21a: 
6,350 (1,300 initial responses by attorneys, 300 initial responses by 
non-attorneys, 250 follow up responses by non-attorneys, and 4,500 
recertifications by accredited attorneys and agents).
    b. Filing of Representatives' Fee Agreements: 15,000 (750 first 
time filers and 14,250 repeat filers).
    c. Motions for Review of Such Fee Agreements: 210.

    By direction of the Secretary.
Danny S. Green,
Interim VA Clearance Officer, Office of Quality, Performance and Risk, 
Department of Veterans Affairs.
[FR Doc. 2019-22843 Filed 10-18-19; 8:45 am]
 BILLING CODE 8320-01-P