§ 5902. Recognition of representatives of organizations
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/usc/title-38/section-5902A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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.
(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 sections 203, 205, 206, or 207 of title 18.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1238, § 3402; Pub. L. 91–24, § 12(b), June 11, 1969, 83 Stat. 34; Pub. L. 98–160, title VII, § 703(5), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5902, 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. 104–275, title V, § 508(a), Oct. 9, 1996, 110 Stat. 3343; Pub. L. 109–461, title I, § 101(a)(2), Dec. 22, 2006, 120 Stat. 3406.)
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Cited by 100 sections · top 60
U.S. Code
- § 101Definitions
- § 1701Definitions
- § 1710Eligibility for hospital, nursing home, and domiciliary care
- § 2101Acquisition and adaptation of housing: eligible veterans
- § 7302Functions of Veterans Health Administration: health-care personnel education and training programs
- § 8111Sharing of Department of Veterans Affairs and Department of Defense health care resources
- § 521Assistance to certain rehabilitation activities
- § 549Donation of personal property through state agencies
- § 2041Housing assistance for homeless veterans
- § 1712AEligibility for readjustment counseling and related mental health services
- § 3902Assistance for providing automobile and adaptive equipment
- § 2142Establishment of program at American Folklife Center to collect video and audio recordings of histories of veterans
- § 7309Readjustment Counseling Service
- § 545Advisory Committee on the Readjustment of Veterans
- § 7311Quality assurance
- § 1711Care during examinations and in emergencies
- § 1720FComprehensive program for suicide prevention among veterans and members of the reserve components of the Armed Forces
- § 5906Availability of legal assistance at Department facilities
- § 6320Solid Start program
- § 6302Biennial plan
- § 2670Use of facilities by private organizations; use as polling places
- § 2790Recovery of improperly disposed of Department of Defense property
CFR
- § 17.102Charges for care or services.
- § 19.31Supplemental statement of the case.
- § 14.636Payment of fees for representation by agents and attorneys in proceedings before Agencies of Original Jurisdiction and before the Board of Veterans' Appeals.
- § 20.1304Rule 1304. Request for a change in representation.
- § 20.901Rule 901. Submission of additional evidence after initiation of appeal.
- § 78.75Suicide prevention services: Assistance in obtaining VA benefits.
- § 19.37Consideration of additional evidence received by the agency of original jurisdiction after an appeal has been initiated.
- § 19.36Notification of certification of appeal and transfer of appellate record.
- § 62.32Supportive service: Assistance in obtaining VA benefits.
- § 52.23Counsel.
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27 references not yet in our index
- Pub. L. 85–857
- 72 Stat. 1238
- Pub. L. 91–24, § 12(b)
- 83 Stat. 34
- Pub. L. 98–160, title VII, § 703(5)
- 97 Stat. 1010
- Pub. L. 102–40, title IV, § 402(b)(1)
- 105 Stat. 238
- Pub. L. 102–83, § 4(a)(1)
- 105 Stat. 403–405
- Pub. L. 104–275, title V, § 508(a)
- 110 Stat. 3343
- Pub. L. 109–461, title I, § 101(a)(2)
- 120 Stat. 3406
- Pub. L. 109–461
- Pub. L. 104–275
- Pub. L. 102–40
- section 3402 of this title
- Pub. L. 102–83, § 4(b)(1)
- Pub. L. 98–160, § 703(5)(A)
- Pub. L. 98–160, § 703(5)(B)
- Pub. L. 98–160, § 703(5)(C)
- Pub. L. 98–160, § 703(5)(D)
- Pub. L. 91–24
- section 99 of title 5
- Pub. L. 104–275, title V, § 508(b)
- 110 Stat. 3344
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cites case law
§ 5902
Recognition of representatives of organizations
Fed. Reg.×58
U.S.C.×29
C.F.R.×11
Stat.×2
Pub. L.Pub. L. 85–857
Stat.72 Stat. 1238
Pub. L.Pub. L. 91–24, § 12(b)
Stat.83 Stat. 34
Pub. L.Pub. L. 98–160, title VII, § 703(5)
Cites 28 · showing 6Cited by 100 across 4 sources