THE OKLAHOMA BAR JOURNAL 8 | FEBRUARY 2025 throughout the claims process. The ADF program also incorporates a process for disciplinary actions, including suspension or revocation of accreditation for those failing to comply with the regulations to ensure misconduct is addressed appropriately. This legal framework is essential to upholding the integrity of the ADF program and maintaining a trustworthy means for veterans to seek assistance. THE ACCREDITATION PROCESS Title 38 U.S.C. §5902 lays out eligibility criteria designed to ensure only qualified individuals are accredited to represent veterans in their claims for benefits, while the regulatory framework established in 38 C.F.R. §§14.626-630 further elaborates on the accreditation process. The detailed regulations ensure an overall transparent, fair and consistent accreditation process. The accreditation process itself involves a number of steps that prospective representatives must complete to obtain VA accreditation. Initially, individuals seeking accreditation must submit an application that includes documentation demonstrating their qualifications. The documentation will cover relevant education, training and experience in dealing with veterans’ benefits and affiliations with recognized veterans’ organizations. It may also include transcripts from educational institutions, training certificates and a resume detailing their professional history. The application form requires applicants to disclose personal information, such as professional affiliations and previous experience working with veterans. In addition, applicants may be asked to provide references who can attest to their qualifications and character. The VA takes the vetting process seriously, as it ensures those who are granted accreditation are committed to serving veterans. Applications for accreditation are thoroughly reviewed by the VA to determine the applicant’s suitability. In addition, the applicants may undergo background checks to ensure against criminal history or unethical behavior that would disqualify them. Unless the VA receives information to the contrary, bar membership in good standing establishes an attorney’s character and fitness to represent claimants before the VA. To be accredited, the applicant must also pass a test on VA benefits law, which is currently offered online four times per year.2 Once representatives are accredited,3 they are required to adhere to a standard of conduct4 that emphasizes the importance of ethical behavior, transparency and accountability to ensure they act in the best interests of veterans. Accredited representatives must be honest in their dealings, provide accurate information and avoid misleading claims. They must ensure they protect the confidentiality of veterans’ personal and sensitive information. They must also conduct themselves professionally in a manner that reflects positively on the VA and other accredited representatives. Attorneys who are accredited are also required to adhere to the professional rules of conduct of the jurisdiction in which they are licensed to practice law.5 In addition to maintaining a standard of conduct, accredited representatives are required to complete ongoing training to stay abreast of changes in VA regulations and policies. Given the continually evolving landscape of veterans’ benefits resulting from legislative changes, new programs and policy revisions, continuing education is critical. Accredited representatives must satisfy an initial three-hour continuing legal education (CLE) requirement within one year of becoming accredited6 and an additional three hours of CLE every two years thereafter.7 An accredited representative’s commitment to continuous learning benefits will positively impact the quality of service they are able to provide and the outcomes they receive for veterans. Finally, accredited representatives are required to keep accurate records of their communications with veterans, which supports the accountability and transparency of accredited representatives in the ADF program. Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Information on the Accreditation, Discipline and Fees (ADF) Program: www.va.gov/ogc/accreditation.asp Verifying Accreditation: The VA maintains a public-facing website, which can be used to search for individuals who are currently accredited by the VA to provide representation or to search for VA-recognized Veterans Service Organizations. https://bit.ly/3WnXIxB
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