If an attorney works with pension benefit clients and advises clients as to eligibility requirements, but does not file the application for them, do they need to be accredited?
Response: Yes. In answering this question, we assume that (1) a “pension benefit client” means a veteran not currently receiving VA pension but one who has expressed intent to file for such benefit, and (2) that the advice provided includes those acts in making the claim ready for filing, but not the actual filing of the claim. Here, the advice constitutes preparation of a claim and therefore requires accreditation. This is because the advice is given in regards to a specific application for benefits rather than general advice not related to a specific claim. The difference is significant in that the purpose of VA’s accreditation program is to ensure that claimants for VA benefits receive qualified assistance in preparing and presenting their claims.
Related Questions
- If an attorney works with pension benefit clients and advises clients as to eligibility requirements, but does not file the application for them, do they need to be accredited?
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