How to Spot a VA Claim Shark: Warning Signs Before You Sign Anything

Know the Red Flags Before You Sign

It can be disheartening to learn that some individuals and companies take advantage of disabled Veterans who are trying to obtain the benefits they earned through their service. Some of these operators have faced legal action over allegations that they improperly charged Veterans hundreds of thousands of dollars in fees.

Filing an initial VA disability claim is free, and accredited representatives generally cannot charge Veterans for helping prepare or file that initial claim. If you need assistance, watch for these warning signs that may indicate you are dealing with a claims shark.

Warning Signs to Watch For

Some claims sharks use similar tactics to pressure or mislead Veterans. Watch for these common warning signs before agreeing to work with anyone on your VA disability claim.

Promises That Sound Too Good to Be True

The old saying “if it sounds too good to be true, it probably isn’t” is especially true here. Look out for guarantees of specific disability ratings, claims of “inside tracks” that will bypass the normal review process, or promises of a first-time approval with no denials.

Fees for Filing an Initial Claim or Excessive Fees

You should not be charged a fee for help filing an initial VA disability claim. Accredited attorneys or claims agents may charge a contingency fee for certain services later in the claims or appeals process, often based on a percentage of any past-due benefits recovered. A 20% fee is generally considered reasonable, while fees above 33 1/3% may be presumed unreasonable.

High-Pressure Sales Tactics

Be cautious of anyone who pressures you to sign an agreement immediately or discourages you from having the contract independently reviewed. Some claims sharks may also start with an excessive fee and then “negotiate” it down to make the final amount seem more reasonable.

Instructions to Skip VA Medical Exams 

Claim sharks may direct you to their own medical examiners, or even tell you that their doctors are “VA certified” and will do the same exams as VA physicians.

Questions to Ask to Protect Yourself

Before signing an agreement for help with your VA claim, take the time to understand who you are working with, what services they will provide, and how you will be charged. Consider having the agreement independently reviewed if you have questions or concerns.

Are you accredited by the VA?

Attorneys, claims agents, and VSO representatives who assist with VA claims should be properly accredited. You can verify a representative through the VA’s online Accreditation Search tool.

How will you charge for your services?

Ask for a clear explanation of any fees and when they may be charged. You should not be charged for assistance with filing an initial VA disability claim. For certain representation later in the process, fees of 20% or less of past-due benefits are generally presumed reasonable, while fees above 33⅓% are presumed unreasonable.

Does your assistance include decision reviews or appeals?

Ask whether the representative will continue helping you if your claim is denied or you disagree with the VA’s decision. Also ask about their experience handling VA decision reviews and appeals. Deadlines may apply, so it is important to understand what services are included.

Do you need access to my VA.gov account or financial information?

Never share your VA.gov login credentials or password with a representative. Be cautious when asked for sensitive personal or financial information, and make sure you understand why it is needed before providing it.

Before signing, also review the contract’s cancellation and dispute-resolution terms. Find out whether you can end the representation, whether any penalties apply, and whether the agreement requires disputes to be resolved through arbitration rather than in court.

Trust your instincts. Be cautious of anyone who pressures you to sign immediately, discourages you from reviewing an agreement, or makes promises that sound too good to be true. While it can be important to seek help promptly after an unfavorable VA decision, you should also take the time to choose a qualified representative.

If You Already Signed a Contract

If you have already signed an agreement with a company you believe may be a claims shark, you may still have options. An experienced VA-accredited attorney can review the contract, explain your rights, and help you determine what steps may be available if you were improperly charged fees or misled about the services you would receive.

If you believe you paid fees you should not have been charged, Morgan & Morgan can review your contract and other paperwork related to your VA disability claim. Our VA-accredited attorneys can help you understand your options and determine the next steps. Contact us today for a free case evaluation.