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Title 38 — Veterans' BenefitsRelease 119-73not60

§5902 Recognition of Representatives of Organizations

Title 38 › Part IV— GENERAL ADMINISTRATIVE PROVISIONS › Chapter 59— AGENTS AND ATTORNEYS › § 5902

Last updated Apr 5, 2026|Official source

Summary

The Secretary can approve certain groups to represent people making claims to the Department. That includes groups like the American Red Cross, the American Legion, Disabled American Veterans, United Spanish War Veterans, Veterans of Foreign Wars, and others the Secretary approves. If space is available, the Secretary may give paid, full-time representatives of those national groups office space. An individual representative must promise not to charge any fee and must file a signed power of attorney form that the Department requires. Recognized individuals must follow the same rules as other approved representatives. If a claimant names a group (or a local office or a named representative) without saying they want only that person, the Department may treat the whole organization as the claimant’s representative and will send notices to the address the organization gives. Retired military members who help with claims while not on active duty are not considered to be breaking certain federal conflict-of-interest laws (18 U.S.C. 203, 205, 206, 207).

Full Legal Text

Title 38, §5902

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)The Secretary may recognize representatives of the American National Red Cross, the American Legion, the Disabled American Veterans, the United Spanish War Veterans, the Veterans of Foreign Wars, and such other organizations as the Secretary may approve, in the preparation, presentation, and prosecution of claims under laws administered by the Secretary.
(2)The Secretary may, in the discretion of the Secretary, furnish, if available, space and office facilities for the use of paid full-time representatives of national organizations so recognized.
(b)(1)No individual shall be recognized under this section—
(A)unless the individual has certified to the Secretary that no fee or compensation of any nature will be charged any individual for services rendered in connection with any claim; and
(B)unless, with respect to each claim, such individual has filed with the Secretary a power of attorney, executed in such manner and form as the Secretary may prescribe.
(2)An individual recognized under this section shall be subject to the provisions of section 5904(b) of this title on the same basis as an individual recognized under section 5904(a) of this title.
(c)(1)Unless a claimant specifically indicates in a power of attorney filed with the Department a desire to appoint only a recognized representative of an organization listed in or approved under subsection (a), the Secretary may, for any purpose, treat the power of attorney naming such an organization, a specific office of such an organization, or a recognized representative of such an organization as the claimant’s representative as an appointment of the entire organization as the claimant’s representative.
(2)Whenever the Secretary is required or permitted to notify a claimant’s representative, and the claimant has named in a power of attorney an organization listed in or approved under subsection (a), a specific office of such an organization, or a recognized representative of such an organization without specifically indicating a desire to appoint only a recognized representative of the organization, the Secretary shall notify the organization at the address designated by the organization for the purpose of receiving the notification concerned.
(d)Service rendered in connection with any such claim, while not on active duty, by any retired officer, warrant officer, or enlisted member of the Armed Forces recognized under this section shall not be a violation of section 203, 205, 206, or 207 of title 18.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–461 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). 1996—Subsecs. (c), (d). Pub. L. 104–275 added subsec. (c) and redesignated former subsec. (c) as (d). 1991—Pub. L. 102–40 renumbered section 3402 of this title as this section. Subsec. (a)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. Subsecs. (a)(2), (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. 1983—Subsec. (a)(1). Pub. L. 98–160, § 703(5)(A), substituted “the Administrator” for “he”. Subsec. (a)(2). Pub. L. 98–160, § 703(5)(B), substituted “the discretion of the Administrator” for “his discretion”. Subsec. (b)(1). Pub. L. 98–160, § 703(5)(C), substituted “the individual” for “he”. Subsec. (c). Pub. L. 98–160, § 703(5)(D), substituted “member” for “man”. 1969—Subsec. (c). Pub. L. 91–24 substituted “section 203, 205, 206 or 207 of title 18” for “section 281 or 283 of title 18, or a violation of section 99 of title 5”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 Amendment Pub. L. 104–275, title V, § 508(b), Oct. 9, 1996, 110 Stat. 3344, provided that: “The

Amendments

made by this section [amending this section] apply to any power of attorney filed with the Department of Veterans Affairs, regardless of the date of its execution.”

Reference

Citations & Metadata

Citation

38 U.S.C. § 5902

Title 38 — Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60