U.S. Code » Title 38 » Part PART IV— GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 59— AGENTS AND ATTORNEYS

38 U.S.C. § 5901

Prohibition against acting as claims agent or attorney

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(a)In General.—Except as provided by section 500 of title 5, no individual may act as an agent or attorney in the preparation, presentation, or prosecution of any claim under laws administered by the Secretary unless such individual has been recognized for such purposes by the Secretary.(b)Warnings About Potential Predatory Practices.—(1) The Secretary shall ensure that, each time a claimant under a law administered by the Secretary logs in to a website or online tool of the Department, such website or online tool issues to the claimant, in plain language—(A) a warning about individuals who seek to act in violation of this chapter;(B) a link to an online tool of the Department through which the claimant may report such an individual;(C) a link to an online tool of the Department through which the claimant may search for a recognized agent, attorney, or other entity recognized by the Secretary for the preparation, presentation, or prosecution of any claim under laws administered by the Secretary; and(D) a link to a website or an online tool of the Department providing final decisions on discipline of agents, attorneys, and entities, described in subparagraph (C), by the Secretary for violations of this chapter.(2) The Secretary shall provide all information under paragraph (1) in the following languages:(A) English.(B) Spanish.(C) Tagalog.(D) The seven other languages most commonly spoken in the United States.(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1238, § 3401; Pub. L. 91–24, § 12(a), June 11, 1969, 83 Stat. 34; Pub. L. 99–576, title VII, § 701(79), Oct. 28, 1986, 100 Stat. 3298; renumbered § 5901, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 118–21, § 3(a), Nov. 13, 2023, 137 Stat. 110.)Editorial NotesAmendments

2023—Pub. L. 118–21 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1991—Pub. L. 102–40 renumbered section 3401 of this title as this section.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

1986—Pub. L. 99–576 substituted “such individual” for “he”.

1969—Pub. L. 91–24 substituted “Except as provided by section 500 of title 5, no individual may act” for “No individual may act”.

Statutory Notes and Related SubsidiariesImplementation

Pub. L. 118–21, § 3(b), Nov. 13, 2023, 137 Stat. 110, provided that: “The Secretary of Veterans Affairs shall carry out subsection (b) of such section, as added by subsection (a) of this section—“(1) after consulting with stakeholders (including veterans service organizations recognized under section 5902 of such title) regarding the wording of the warning under such subsection; and“(2) not later than one year after the date of the enactment of this Act [Nov. 13, 2023].”

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1995–2026 · leading case: Gloria Treviño, Individually & as Next Friend for Robert Rodriguez Treviño v. United States, 113 Fed. Cl. 204 (Fed. Cl. 2013).
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Gloria Treviño, Individually & as Next Friend for Robert Rodriguez Treviño v. United States, 113 Fed. Cl. 204 (Fed. Cl. 2013). · cites it 2× “§§ 1491 and 1983, 38 U.S.C. §§ 5901 and 7101, the Federal Tort Claims Act, 38 U.”
R. Edward Bates, Claimant-Appellant v. R. James Nicholson, Sec'y of Vets. Affairs, 398 F.3d 1355 (Fed. Cir. 2005). “Such representation is permissible only if an attorney is accredited by the VA pursuant to 38 U.S.C. §§ 5901 and 5904(a). Bates was accredited.”
Rashid El Malik v. James B. Peake, 22 Vet. App. 183 (Vet. App. 2008). · cites it 4× “See 38 U.S.C. §§ 5901 , 5904; Bates v. Nicholson, 398 F.”
Vets. Guardian VA Claim Consulting LLC v. Matthew J. Platkin, 133 F.4th 213 (3rd Cir. 2025). “38 U.S.C. § 5901 (a); 38 C.F.R. § 14.629 (b)(1); accord 38 C.”
Treviño v. United States, 557 F. App'x 995 (Fed. Cir. 2014). “…Ms. Treviño alleges that the United States Court of Federal Claims has jurisdiction under 28 U.S.C. §§ 1346 and 1491, 38 U.S.C. §§ 5901 and 7101 and 42 U.S.C. § 1983 . She also alleges “Civil and Human Rights Violations,” ‘Violations of RICO” and “Mafia-Related Activities.”…”
Pittman v. Brown, 9 Vet. App. 60 (Vet. App. 1996). “It is hoped, however, that the VSOs and the Secretary, in the exercise of his statutory authority and responsibility pertaining to the recognition of representatives under 38 U.S.C. § 5901 , will give the issue their serious consideration.”
R. Edward Bates v. R. James Nicholson, 20 Vet. App. 185 (Vet. App. 2006). “Prior to July 2003, he was accredited to represent claimants before the Department of Veterans Affairs (VA) pursuant to 38 U.S.C. §§ 5901 and 5904(a). In December 2000, a VA regional counsel notified Mr.”
Leo v. Brown, 8 Vet. App. 410 (Vet. App. 1995). “See 38 U.S.C. §§ 5901 , 5902(a)(1), (b); 38 C.”
Trevino v. United States, 557 F. App'x 995 (Fed. Cir. 2014). “…Ms. Treviño alleges that the United States Court of Federal Claims has jurisdiction under 28 U.S.C. §§ 1346 and 1491, 38 U.S.C. §§ 5901 and 7101 and 42 U.S.C. § 1983 . She also alleges “Civil and Human Rights Viola- tions,” “Violations of RICO” and “Mafia-Related Activi-…”
Ford (M.D.N.C. 2026). · cites it 4× “” 38 U.S.C. § 5901 (a).1 Federal law also prohibits agents from charging or collecting a fee in connection with the filing of an initial disability claim for benefits before the Veterans Administration.”
Vets. Guardian Va Claim Consulting, LLC v. Platkin (D.N.J. 2024). · cites it 3× “See 38 U.S.C. § 5901 . At present, however, the VA lacks enforcement tools to implement the federal mandates.”
Bates v. Nicholson (Fed. Cir. 2005). “Such representation is permissible only if an attorney is accredited by the VA pursuant to 38 U.S.C. §§ 5901 and 5904(a). Bates was accredited.”
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