How Do I Get a Client's C-File as a Representative?

Start by putting your power of attorney on record: VA Form 21-22a for an accredited agent or attorney, VA Form 21-22 for a recognized organization. VA requires that appointment before it discloses a client's records to you (38 C.F.R. § 14.631(a)). Then either request a copy of the claims file on VA Form 20-10206, signing its power-of-attorney certification, or ask the nearest VA regional office for read-only electronic access under 38 C.F.R. §§ 1.600 through 1.603.

The two routes are not exclusive. Many representatives request a copy once and use electronic access to follow the file as it changes. What you can see either way is shaped by the authorizations on the power of attorney, so the form is worth getting right the first time.

Step 1: Get the appointment of record

Under 38 C.F.R. § 14.631(a), a power of attorney on VA Form 21-22 or 21-22a is required both to represent a claimant before VA and to authorize VA's disclosure of information to the representative. It must be signed by the claimant (or a guardian or other person the regulation lists) and by you; without your signature the appointment is invalid. It is filed in the veteran's claims folder.

A few rules in § 14.631 decide whether VA will treat you as the representative when you ask for the file:

• One representative per claim. VA recognizes only one organization, representative, agent, or attorney at a time on a particular claim, and deals exclusively with that one until it receives notice of a change (§ 14.631(e)(1)).
• A new appointment revokes the old one. Unless the claimant says otherwise, a new power of attorney revokes the existing one (§ 14.631(f)(1)). If you limit the scope of your representation on the 21-22a, the general appointment is revoked only for that claim, and only while it is pending (§ 14.631(f)(2)).
• Organizations. VA may treat a 21-22 naming an organization's individual representative as an appointment of the whole organization, unless the claimant writes "only" next to the individual's name (§ 14.631(b)).

For what each form covers, see VA Form 21-22a and VA Form 21-22.

The authorizations that change what you can see

The 21-22a carries more than the appointment. On the current edition we reviewed, three authorizations matter for records access:

• Records protected by 38 U.S.C. 7332. Unless the claimant checks the box, VA will not disclose records of treatment for drug abuse, alcoholism or alcohol abuse, HIV infection, or sickle cell anemia to the representative. The claimant can also limit that consent.
• Affiliated personnel. If you are approved for access to VA's IT systems, the claimant can authorize disclosure to the associate attorneys, claims agents, and support staff affiliated with you, by naming the firm.
• Administrative employees. The claimant can name individual administrative employees to receive records outside the electronic systems.

If a client has a substance use, HIV, or sickle cell history relevant to a claim, raise the 7332 box before the form is signed rather than after you notice gaps in the file.

Step 2, route A: request a copy on VA Form 20-10206

VA Form 20-10206 is the Freedom of Information Act or Privacy Act request that veterans use for their own C-file. It has a power of attorney certification and signature section for a representative. The form says VA will not accept a POA's signature unless a valid 21-22 or 21-22a is of record or attached to the request, so attach the appointment if you are filing both together.

Check "Claims file (C-file)," ask for an electronic copy, and keep proof of the date you sent it. The filing channels, the copying-fee terms, and how to follow up are the same as for a veteran's own request; see how to request a C-file. VA's Privacy Act access rule, 38 C.F.R. § 1.577, sets no deadline for a response, and VA does not publish a standard processing time.

Note the date of the copy when it arrives. Anything VA adds afterward is not in it.

Step 2, route B: read-only electronic access

38 C.F.R. § 1.600(b) provides for representatives' access to the Veterans Benefits Management System (VBMS) and the Caseflow products Queue and eFolder Express, on these terms:

• Only your clients. An attorney or agent may access only the records of claimants who appointed them, or who appointed an attorney or agent in the same legal services office and consented to affiliated access on the 21-22a.
• Only for the representation. Access is solely for representing that claimant in a claim for VA benefits.
• Read-only. You may not modify any data, though you may upload documents as VA's IT policy permits (§ 1.600(b)(4)).
• No entitlement. The regulation says it creates no right to electronic access (§ 1.600(d)(3)).

To qualify under § 1.601, an attorney or agent must be accredited under § 14.629(b) and hold a power of attorney for at least one claimant (or assist as an associate in the same legal services office). You must also meet VA's security requirements, which may include a background suitability investigation for a personal identity verification badge; have your method of access and work-site location approved in advance; and sign a notice that includes VA's Rules of Behavior.

Once you have credentials, § 1.602 requires you to use only your own logon, never share it, open only your clients' records, and acknowledge the security requirements every year. VA may inspect your hardware and software, review your security practices, and monitor your access at any time.

Where to start. VA's Office of General Counsel says an accredited attorney or claims agent seeking read-only remote access should contact the access point of contact at the closest regional office (VA accreditation page). VA does not publish the processing time or the exact sequence of approval steps there, so confirm both with that contact.

Support staff

Paralegals, law students, and legal interns cannot be accredited on their own. Under 38 C.F.R. § 14.629(c)(3), they may help under an attorney of record's direct supervision if the claimant's written consent is furnished to VA, and they need suitable authorization for access to the claimant's records. Unaccredited support staff working under an accredited attorney or agent may also apply for electronic access (§ 1.601(a)(1)(iii)), limited to clients who consented to affiliated access.

When the representation ends

• Electronic access ends with it. VA may revoke your access to a claimant's records once you no longer represent that claimant (§ 1.603(a)(1)), and may revoke access to some or all records for misuse, such as opening a non-client's file or using an unapproved access method (§ 1.603(b)). You get notice and 30 days to respond to a proposed revocation, except where VA suspends access immediately to protect the system.
• Return VA's documents. A representative who withdraws must return documents VA provided during the representation to the agency of original jurisdiction or, at the claimant's direction, to the new representative, and must return all of the claimant's property to the claimant (§ 14.631(c)).

Then the review

Getting the file is the easy part. For the order to read it in, what to log, and the defects worth finding, see how to review a VA C-file.

Frequently asked questions

Can I get a client's C-file before VA records my power of attorney?

Not as the representative. Under 38 C.F.R. § 14.631(a), a power of attorney on VA Form 21-22 or 21-22a is what authorizes VA to disclose information to you. Until then, the veteran can request the file personally on VA Form 20-10206 and share it with you.

Which form do I use to request a copy of a client's C-file?

VA Form 20-10206. Check "Claims file (C-file)" and sign the power of attorney certification section. VA will not accept a POA's signature unless a valid 21-22 or 21-22a is of record or attached to the request.

How do I get VBMS access as an accredited agent or attorney?

VA's Office of General Counsel says to contact the access point of contact at the closest VA regional office. Under 38 C.F.R. §§ 1.600 and 1.601, access is read-only, limited to your own clients, and conditioned on meeting VA's security requirements, which may include a background suitability investigation.

Why are some treatment records missing from what VA disclosed to me?

Records of treatment for drug abuse, alcoholism or alcohol abuse, HIV infection, or sickle cell anemia are protected by 38 U.S.C. 7332. VA does not disclose them to a representative unless the claimant authorizes it on the power of attorney form.

Can my paralegal see a client's file?

Only with the client's consent. Under 38 C.F.R. § 14.629(c)(3), a paralegal working under an attorney of record's direct supervision needs the claimant's written consent and authorization for records access. For electronic access, the client consents to affiliated access on the 21-22a.

Can I upload documents through VBMS?

The access is read-only, but 38 C.F.R. § 1.600(b)(4) lets an approved representative upload documents as VA's IT policy permits. You cannot change existing records.