Do VA regulations permit accreditation of attorneys licensed only in foreign countries?
Response: No. Although 38 U.S.C. § 5904(a) provides that the “Secretary [of Veterans Affairs] may recognize any individual as an agent or attorney,” VA regulations do not permit attorney accreditation based on membership in the bar of a foreign country. VA’s accreditation regulations define an attorney as “a member in good standing of a State bar who has met the standards and qualifications in § 14.629(b).” 38 C.F.R. § 14.627(d). “State includes any State, possession, territory, or Commonwealth of the United States, and the District of Columbia.” 38 C.F.R. § 14.627(p). VA’s regulatory definition of the term “State” is in harmony with the statutory definition of the term. See 38 U.S.C. § 101(20) (defining a State as “each of the several states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico”). Because attorney accreditation is premised on membership in a State bar as defined by law, VA may not accredit attorneys based on
