Part I, Subpart i, Chapter 2, Section BA Representative’s Right to Notification and Review of Records

Revised December 18, 2025

I.i.2.B.1.a#Notices That Must Be Provided to the Representative

Representatives of claimants or beneficiaries before the Department of Veterans Affairs (VA) are entitled to notice of any VA decisions related to matters within the scope of the representation (decision notices, and legacy statements of the case (SOCs) or legacy supplemental statements of the case (SSOCs)). Representatives are also entitled to other correspondence sent to claimants. These include (but are not limited to)

• notices of certification and transfer of legacy appeals to the Board of Veterans’ Appeals
• intent to file notices
• incomplete application notices, and
• requests for information and evidence needed to substantiate a claim (e.g. development letters).

Important:

• Disclosure of Federal tax information (FTI) to a representative requires special considerations as noted in M21-1, Part XIV, 4.B.3.c.
• If the Veteran has multiple representatives, it is the claim processor’s responsibility to ensure that the correct representative is included on the appropriate correspondence.
• The right to receive copies of decision notices does not include a right to review copies of rating decisions prior to promulgation and issuance of a decision notice.

References: For more information on

• the right of representatives to receive notices of decisions, see 38 CFR 3.103
• VA representation (including scope of representation), see M21-1, Part I, Subpart i, 2.A
• limitations imposed by a claimant’s election to not disclose records protected by 38 U.S.C. 7332, see M21-1, Part I, Subpart i, 2.B.2
• intent to file notices, see 38 CFR 3.155(b)
• notice of decisions, see 38 U.S.C. 5104
• incomplete applications, see 38 U.S.C. 5102
• information and evidence needed to substantiate a claim, see 38 U.S.C. 5103(a), and
• the policy that representatives have no authority to review rating decision prior to issuance of a decision notice by VA, see M21-1, Part I, Subpart i, 2.B.2.k.

I.i.2.B.1.b#VA’s Policy of Partnership With Representatives

VA policy is to work with representatives of claimants and beneficiaries in an equal partnership to effectively serve Veterans and their dependents and survivors. The policy requires VA employees to assist representatives.

I.i.2.B.1.c#Providing Notice of Correspondence to VSOs

With limited exceptions, outbound correspondence addressed to claimants and representatives is added to the Veterans Benefits Management System (VBMS) Package Manager and then transmitted for centralized printing and distributions through the Centralized Benefits Communications Management (CBCM) program. Veterans service organization (VSO) copies of correspondence from centralized printing are sent to the regional office (RO) of jurisdiction for distribution. Per M21-1, Part II, Subpart i, 2.C.2.c, RO mailrooms should not forward this correspondence to the scanning vendors since copies of the correspondence already exist in the electronic claims folders (eFolders).Provide correspondence to the claimant’s VSO through the VBMS Package Manager, regardless of organization, access to VBMS, and/or electronic notification status. Important:

• When distributing a decision notice based on a rating decision to a VSO, ensure that a copy of the rating decision Narrative and Codesheet is also provided.
• This block__does not apply__to notice to non-VSO representatives. For guidance on providing notice to non-VSO representatives, see M21-1, Part I, Subpart i, 2.B.1.d.
• The Electronic Notification distribution status in VBMS Package Manager indicates that the VSO has opted into electronic notification in VBMS. Accordingly, they are provided notification in real-time and paper copies are no longer warranted.

References: For more information on

• document titles and their corresponding categories that generate a notification for POA review, see the most recent version of POA Electronic Notification Fact Sheet
• documenting legacy appeal decisions and providing copies to representatives, see M21-5, Chapter 7, Section D, and
• mailing packages through the CBCM program, see
  • M21-1, Part II, Subpart i, 2.C.4.c
  • the VBMS Core User Guide , and
  • the Talent Management System course titled Centralized Benefits Communications Management (VA 4562424).

I.i.2.B.1.d#Providing Notice of Correspondence to Non-VSO Representatives

Non-VSO representatives (accredited private attorneys, claims agents, or non-licensed individuals appointed under 38 CFR 14.630) must receive a paper copy of any correspondence regarding the claim they represent.Correspondence that is centrally printed through the CBCM program will be mailed from the printing facility directly to the representative. Important:

• When preparing correspondence, always check the default address against the Office of General Counsel (OGC) accreditation list to ensure the address is current.
• If the Veteran has multiple representatives, it is the claim processor’s responsibility to ensure that the correct representative is included on the appropriate correspondence.
• When providing a paper copy of a decision notice based on a rating decision, and that decision notice is based on a rating decision, attach a copy of the rating decision Narrative and Codesheet.

References: For more information on

• providing notice of correspondence to VSO, see M21-1, Part I, Subpart i, 2.B.1.c
• the accreditation of private attorneys and claims agents, see the OGC Accreditation Search
• requirements for preparing correspondence to non-VSO representatives, see M21-1, Part I, Subpart i, 2.B.1.e-i, and
• documenting legacy appeal decisions and providing copies to representatives, see M21-5, Chapter 7, Section D.

I.i.2.B.1.e#Requirement to List the Address for Non-VSO Representatives in the CC Line

When generating correspondence for a non-VSO representative, include the representative’s mailing address in the carbon copy (cc) line of the correspondence.References: For more information on

• letters generated in various applications, see M21-1, Part I, Subpart i, 2.B.1.f-i, and
• listing the attorney or agent’s name in legacy appeal documents, see
  • M21-5, Chapter 7, Section D, 3.h, and
  • M21-5, Chapter 7, Section D, 4.e.

I.i.2.B.1.f#Adding a Non-VSO Representative’s Name and Address to Letters Created Outside VBMS

To add a non-VSO representative’s name and address to letters created outside VBMS:

• if one exists, delete the generic designation (PRIVATE ATTORNEY WITH EXCLUSIVE CONTACT or AGENT OR PVT ATTY-EXCLUSIVE CONTACT NOT) within the Microsoft Word document from the cc line
• add the non-VSO representative’s name and address
• finalize the letter, and
• upload the letter to the eFolder.

Note: If the Veteran has a VSO representative, the letter will populate with the VSO organization automatically.Reference: For more information on converting documents to portable document format and uploading into the eFolder, see M21-1, Part II, Subpart ii, 2.A.1.b.

I.i.2.B.1.g#Adding a Representative’s Name and Address to Letters in VBMS Core

Follow the instructions in the table below to list the representative's name and address in letters generated in VBMS Core.

Important: Changing a representative this way only changes it for the purpose of the specific correspondence. It will not change the appointed representative as listed in the corporate data base.

References: For more information on

• updating electronic systems for power of attorney, see M21-1, Part I, Subpart i, 2.C.2, and

• generating letters in VBMS, see the VBMS Core User Guide.

I.i.2.B.1.h#Adding a Representative’s Name and Address to Letters Generated in VBMS Awards/ADL

To add the representative's name and address to a letter generated in VBMS Awards (VBMS-A)/Automated Decision Letter (ADL) follow the steps in the table below.

Important: Changing a representative this way only changes it for the purpose of the specific correspondence. It will not change the appointed representative as listed in the corporate database.

Reference : For more information on generating letters within VBMS-A, see the VBMS Awards User Guide.

I.i.2.B.1.i#Adding a Representative’s Name and Address in the SOC/SSOC Program

The SOC/SSOC program for legacy appeals will prompt the user to complete cover letter fields including a cc line. Add the representative’s name and address to the cc line when a non-VSO representative is representing the appellant. Reference: For more information on documenting legacy appeal decisions, see M21-5, Chapter 7, Section D.

2Representatives’ Authority to Review a Claims Folder

This topic contains information on representatives’ authority to review a claims folder, including

• authority
  • to review a claims folder, and
  • for contractors to review a claims folder
• assistance in reviewing the claims folder
• specific authorization required to disclose records protected by 38 U.S.C. 7332
• VA forms providing legally sufficient 38 U.S.C. 7332 authorization
• duration of 38 U.S.C. 7332 authorization
• 38 U.S.C. 7332 authorization - relationship to the representative’s system access
• notification requirement where appointment forms lack 38 U.S.C. 7332 election
• handling claims folder reviews by representatives of non-Veteran claimants in cases where the Veteran is living
• location for conducting a claims folder review, and
• no authority to review rating decisions prior to issuance of a decision notice.

Revised December 18, 2025

I.i.2.B.2.a#Authority to Review a Claims Folder

A representative has the authority to review the claimant’s records to prepare, present, and prosecute a claim – subject to any limitation imposed by the representative’s appointment and/or by applicable laws or regulations. There are several situations where the appointment may limit the representative’s authority to review the claims folder, such as

• if the appointment document is not signed, or
• the claimant does not authorize VA to disclose information on conditions protected by 38 U.S.C. 7332.

If the representative is appointed for only one claim, the representative is permitted to review the information in the claims folder. Other applicable laws or regulations, such as those limiting disclosure of FTI, may also impact what a representative is entitled to review.Important: The right of representatives to review the claimant’s records in the claims folder does not include a right to review rating decisions prior to issuance of a decision notice by VA. Notes:

• A declaration of representation written on an attorney’s letterhead is not sufficient to release information. A VA Form 21-22a, Appointment of Individual as Claimant’s Representative, signed by the claimant is required. For more information, see 5 U.S.C. 552a(b), 38 U.S.C. 5701, and 38 U.S.C. 7332.
• Without a VA Form 21-22a signed by the claimant, an attorney does not have the authority to review the claims folder or receive any correspondence from VA including development letters, decision letters, or copies thereof.
• If a VA Form 21-22a is not signed by the claimant, annotate the form to show a signature is not of record and update the permanent notes in the appropriate processing system to reflect there is no authority to disclose information to the attorney.

Exception: An RO may release a claimant’s claims folder to the individual's attorney without a signed VA Form 21-22a being of record when the RO receives a

• request from the OGC Professional Group VII regarding representation of claimants before the U.S. Court of Appeals for Veterans Claims, and
• signed statement from the claimant authorizing VA to provide a copy of the claims folder to the attorney.

References: For more information on

• requirements for appointing a representative, see M21-1, Part I, Subpart i, 2.A.2
• general scope of a representative’s authority, see M21-1, Part I, Subpart i, 2.A.4.a, and
• the policy that representatives have no authority to review rating decision prior to issuance of a decision notice by VA, see M21-1, Part I, Subpart i, 2.B.2.k.

I.i.2.B.2.b#Authority for Contractors to Review a Claims Folder

Allow contractors (individual or entity) hired by the representative to review information in the claims folder only if the claimant gives specific written consent to release records to the representative’s contractors.Example: If Disabled American Veterans (DAV) represents a claimant, do not allow a private physician hired by DAV to review the claims folder unless the claims folder contains specific written consent from the claimant on VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative, or in a separate signed statement, to release information to contractors of DAV. If the claims folder does not contain the claimant’s written consent, limit review of the claims folder to DAV and its employees.

I.i.2.B.2.c#Assistance in Reviewing the Claims Folder

Obtain specific written consent from the claimant before allowing a law student, legal intern, or paralegal to access the claimant’s claims folder.Reference: For more information on law students, legal interns, or paralegals accessing a claimant’s claims folder, see 38 CFR 14.629(c)(3).

I.i.2.B.2.d#Specific Authorization Required to Disclose Records Protected by 38 U.S.C. 7332

The claimant must specifically authorize consent VA to disclose records to the claimant's representative that relate to conditions protected under the provisions of 38 U.S.C. 7332, namely

• drug abuse
• alcoholism or alcohol abuse
• infection with the human immunodeficiency virus, or
• sickle cell anemia.

The claimant may

• authorize disclosure of all protected records, or
• limit disclosure to one or more categories of protected records.

Reference: For more information on the relationship between 38 U.S.C. 7332 authorization and access to VA electronic system access to claims folder materials, see M21-1, Part I, Subpart i, 2.B.2.g.

I.i.2.B.2.e#VA Forms Providing Legally Sufficient U.S.C. 7332 Authorization

The current version of the VA Form 21-22 or VA Form 21-22a provides legally sufficient 38 U.S.C. 7332 authorization when completed in connection with new or updated representative appointments. A prior form version that would be acceptable to create a new or updated appointment as provided in M21-1, Part I, Subpart i, 2.C.1.c, and M21-1, Part II, Subpart i, 2.B.4.a will also contain legally sufficient authorization language. References: For more information on

• handling representative appointments, see M21-1, Part I, Subpart i, 2.C.1
• updating electronic systems to reflect a representative, see M21-1, Part I, Subpart i, 2.C.2
• acceptable versions of VA Form 21-22 or VA Form 21-22a, see M21-1, Part I, Subpart i, 2.C.1.c, and
• handling outdated forms, see
  • M21-1, Part II, Subpart i, 2.B.4, and
  • M21-1, Part I, Subpart i, 2.C.1.g.

I.i.2.B.2.f#Duration of 38 U.S.C. 7332 Authorization

When a claimant has completed a 38 U.S.C. 7332 authorization in connection with appointment of a representative using VA Form 21-22 or VA Form 21-22a, the authorization remains in effect until the earliest of the following:

• the claimant revokes the 38 U.S.C. 7332 authorization by filing a written revocation with VA
• the claimant revokes the representative’s appointment explicitly, or
• the claimant implicitly revokes the representative’s appointment by appointing another representative.

I.i.2.B.2.g#38 U.S.C. 7332 Authorization - Relationship to the Representative’s System Access

To prevent inadvertent disclosure of records protected by 38 U.S.C. 7332, a claimant’s representative may only access VA electronic systems pertaining to the claimant when there is a valid claimant authorization in effect permitting disclosure ofall protected records. A 38 U.S.C. 7332 authorization completed in connection with the representative’s appointment using VA Form 21-22 or VA Form 21-22a _ _ remains in effect as provided in M21-1, Part I, Subpart i, 2.B.2.f and is sufficient for purposes of VA electronic system access by that representative if

• the form was valid at the time it was received
• the claimant has explicitly authorized the representative to access records protected by 38 U.S.C. 7332, and
• there are no restrictions described by the Veteran.

The representative may not access VA electronic systems if the claimant

• has not provided specific authorization to release all records protected by 38 U.S.C. 7332 (including cases where the claimant has provided a limited authorization), or
• has revoked the 38 U.S.C. 7332 authorization.

Important: Where the appointment of the current representative occurred before a 38 U.S.C. 7332 election was added to the appointment forms, the representative’s access to electronic systems must be restricted unless/until the claimant authorizes access to all records protected by 38 U.S.C. 7332.References: For more information on

• VA forms providing legally sufficient 38 U.S.C. 7332 authorization for a new or updated appointment, see M21-1, Part I, Subpart i, 2.B.2.e, and
• providing notification to the claimant where a representative’s appointment form lacks a 38 U.S.C. 7332 election, see M21-1, Part I, Subpart i, 2.B.2.h.

I.i.2.B.2.h#Notification Requirement Where Appointment Forms Lack 38 U.S.C. 7332 Election

If the VA Form 21-22 or VA Form 21-22a used to appoint the claimant’s current representative does not permit release of 38 U.S.C. 7332 protected records, follow the procedure below.

Important:

• Send the notice provided in this block once. There is no requirement to send it with each new claim. The Failure to Elect 38 U.S.C. 7332 Letter has a readily identifiable subject line so employees can determine whether or not the letter was previously sent.
• There is no requirement for RO staff to routinely obtain updated authorization for release of records protected under 38 U.S.C. 7332. New and previous appointments remain valid as provided in M21-1, Part I, Subpart i, 2.B.2.f and g.

I.i.2.B.2.i#Handling Claims Folder Reviews by Representatives of Non-Veteran Claimants in Cases Where the Veteran Is Living

Do not allow the representative of a non-Veteran claimant to review the claims folder of a living Veteran except where the claimant is acting on behalf of the Veteran.Do not furnish the claimant or representative any information or material

• to which the person is not entitled, or
• that does not pertain to the claimant alone.

Reference: For more information on representation of a claimant not acting on behalf of the Veteran, see 38 CFR 1.525(a)(2).

I.i.2.B.2.j#Location for Conducting a Claims Folder Review

A representative who holds a written authorization or consent to review a claims folder may review the claims folder within an RO in a space designated for such reviews.If the authorization or consent is limited, then the representative may review only the information in the claims folder that the Veteran has authorized or consented for the representative to review.The RO director may permit accredited representatives of service organizations to review a claims folder at the desk of the accredited representative.References: For more information on

• the review of the claims folder, see 38 CFR 1.525, and
• limited representation, see M21-1, Part I, Subpart i, 2.A.2.d.

I.i.2.B.2.k#No Authority to Review Rating Decisions Prior to Issuance of a Decision Notice

Accredited representatives (VSOs, attorneys, and claim agents) have no authority – and will not be permitted – to review rating decisions before VA issues a decision notice. Reference: For more information on historical criteria applicable to VSO review of rating decisions prior to promulgation and issuance of a decision notice, see the attachment to historical M21-1, Part I, 3.B, Historical_M21-1I_3_SecB_2-19-19.