| |
|
|
|
|
| |
| Home >> VA Claims Resources >> VA Claims >> VA General Counsel Precedent Opinions |
VA General Counsel Precedent Opinions |
|
PREC 11-92 Scope of Authority vested in Party holding Power of Attorney
|
PREC 11-92 Scope of Authority vested in Party holding Power of Attorney Citation: Vet. Aff. Op. Gen. Couns. Prec. 11-92, VAOPGCPREC 11-92, 1992 QUESTIONS PRESENTED:
a. Does a veteran's service organization representative, agent, or attorney, by virtue of having a properly executed appointment form of record, have complete authority to bind the claimant, e.g., may the party holding the power of attorney sign an application for compensation or pension, VA Form 21-526, on behalf of the claimant? Are there any forms, such as the Eligibility Verification Report, for which this authority does not exist?
b. If information relevant to eligibility or payment rates furnished on a form signed on behalf of a claimant by a party holding a power of attorney is incorrect, is the claimant responsible for any resulting overpayment? HELD:
a. A veteran's service organization representative, agent, or attorney is not authorized to sign an application for compensation or pension, VA Form 21-526, on behalf of the claimant despite being named in a properly executed appointment form of record. Further, the representative, agent, or attorney
may not sign an Eligibility Verification Report, used to verify continued eligibility for benefits under income-based programs, on behalf of the claimant.
b. Where a claimant's or beneficiary's duly appointed representative submits erroneous information on behalf of the claimant or beneficiary pertaining to eligibility or benefit rates, the claimant is responsible for any overpayment occurring as a result of the information supplied.
VETERANS ADMINISTRATION GENERAL COUNSEL
Vet. Aff. Op. Gen. Couns. Prec. 11-92
|
|
|
|
|
|
|
|
|
|
|
|
