EP Code 600 (DROC Attorney Fee Predetermination Notice) – Process Overview

Based on 38 CFR § 14.636(i)(1), here's how the VA workflow works for direct-pay fee agreements and what you should track:

The Five-Step Process

1. Decision Issues with Past-Due Benefits

   When the decision awards past-due benefits and you've filed a direct-pay fee agreement within 30 days of execution, the agency of original jurisdiction (typically the regional office) issues a fee allocation notice.

   What to expect: The RO generates EP 600 to formalize that a fee decision is needed. This triggers the DROC workflow.

2. DROC Processes Fee Allocation Notice

   The DROC processes attorney fee decisions within 30 days of the expired due process period (the appeal period ends, then DROC distributes the fee decision to the next available claims processor).

   Timeline:

   • The DROC has up to 30 days from the conclusion of the appeal period to issue the fee allocation notice.
   • This notice is distributed to all parties (veteran, attorney, and DROC).

   What you'll receive: The fee allocation notice specifies:

   • Whether you meet eligibility requirements for direct payment
   • The default fee allocation (either to you as continuous representative, or a split if discharged, per 38 CFR 14.636(i)(1)(i)-(ii))
   • Your appeal rights

3. 60-Day Dispute Period Opens

   A party that disagrees with the default fee allocation in a given case may file a request for Office of the General Counsel fee review, as provided in paragraph (i)(3) of this section. "Timely filed" means within 60 days of the fee allocation notice.

   Your options:

   • Accept the default: No action needed. VA releases the fee after 60 days.
   • Challenge the allocation: File a request for OGC review if you believe the default is unreasonable (within 60 days).

4. OGC Review (Optional)

   Upon receipt of a timely filed request, the Deputy Chief Counsel will initiate OGC review by sending notice to the parties. Not later than 30 days from the date of the motion, any party may file a response.

   If challenged:

   • OGC has jurisdictional authority to review fee reasonableness
   • Parties have 30 days to submit responses with argument and evidence
   • OGC issues a final decision (reviewable only by the Board of Veterans' Appeals)

5. Fee Release

   Absent a timely filed request for Office of the General Counsel fee review or a timely filed appeal to the Board of Veterans' Appeals, the default fee allocation is final and VA may release the fee.

   If your office has not received a payment after 30 calendar days of the fee allocation being finalized, you may contact the Debt Management Center (va.gov) and track progress at www.va.gov/claim-or-appeal-status or call VA's Benefits Status Line at 1-800-827-1000.

What You Should Track for Fee Deposits

Appealable/Monitorable Fee Decision: The fee allocation notice itself is your tracking document.

Key Identifiers to Track:

1. Date of fee allocation notice — starts your 60-day dispute clock
2. Fee amount allocated (may differ from what's in your fee agreement)
3. Eligibility determination (eligible for direct payment or not)
4. Default allocation rule applied (continuous representative presumption or discharged split)
5. Status flags:
   • No challenge filed → Release expected within 60 days of notice date
   • OGC review filed → Status updates via www.va.gov/claim-or-appeal-status
   • Payment pending → Track via Debt Management Center contact info

Appeal Rights:

• If you (the veteran or attorney) disagree with a direct payment eligibility determination, you may only appeal to the Board of Veterans' Appeals.
• A request for Office of the General Counsel fee review must be filed electronically in accordance with instructions on the Office of the General Counsel's website, or at: Office of the General Counsel (022D), 810 Vermont Avenue NW, Washington, DC 20420.