Form 21-22A / Can responsible family member become Claimant's Representative

[leeisdell]

Info via the website "suggests" NOT to file a Form 21-22...but what about a 21-22A, Appointment of Individual as Claimant's Representative?  Can a responsible family member be so appointed by the Claimant?

Question is based on 38CFR Ch.1, section 14.630 "Authorization for a particular claim"...which says...
"  (a) Any person may be authorized to prepare, present and prosecute one claim.  A proper power of attorney, and a statement signed by the person and the claimant that no compensation wil be charged or paid for the services, shall be filed with the office where the claim is presented.  A signed writing, which may be in letter form, identifying the claimant and the type of benefit or relief sought, specifically authorizing a named individual to act as the claimant's representative, and further authorizing direct access to records pertinent to the claim, will be accepted as a power of attorney.
   (b) Representation may be provided by an individual pursuant to this section one time only..."


NOTE:  (a) starts out with ANY PERSON.


Thank you.

[vetadmin]

The VA changes forms all the time, and the 21-22 (a) or otherwise is no longer used.  You want to include the 21-0845 Approved 3rd Party which authorizes you as a person the VA can discuss the claim with.

[Fit2009]

It is actually used Debbie, its just that family members have an easier time with the Authorization, but if a 21-22a is in place and they don;t want it any more, they do need to rescind it - use a Support of Claim for that, then a few days later, send in the Authorization - or file a new 21-22a with the new person.