Morgan & Morgan vs. VA Claim Sharks: What's Different?

Why Accredited Representation Matters

When Veterans need help with a service-related disability claim, choosing the right representative matters. The PACT Act expanded VA benefits for Veterans exposed to burn pits, Agent Orange, and other toxic substances and added numerous conditions that may qualify for presumptive service connection.

These expanded benefits have also created opportunities for predatory individuals and companies sometimes called “claim sharks.” Claim sharks may offer unauthorized assistance with VA disability claims, charge improper fees, or make promises about disability ratings and claim outcomes that they cannot guarantee. The VA warns Veterans to work with accredited attorneys, claims agents, or VSO representatives when seeking assistance with their benefits claims.

Unlike unaccredited claims companies, Morgan & Morgan’s VA-accredited attorneys are authorized to represent Veterans before the VA and must follow VA rules governing representation and fees.

What Makes Accredited Representation Different

Morgan & Morgan’s VA-accredited attorneys must meet VA requirements before representing Veterans in benefits claims. Attorneys must be members in good standing of a state bar, satisfy VA character and fitness requirements, and complete continuing education in Veterans benefits law and procedures. They must also follow VA rules governing representation, professional conduct, and fees.

Accredited representatives must also follow VA rules designed to protect Veterans and their information.

We Will Never Ask for Your VA.gov Password

We do not need your VA.gov username or password to represent you. The VA warns Veterans never to share their VA.gov login credentials or passwords, and anyone asking for them should be treated as a warning sign.

We May Need Personal Information to Handle Your Claim

Representing a Veteran may require identifying information, including a Social Security number or VA file number. The important difference is how that information is requested and protected. Be cautious about providing sensitive information in response to an unsolicited call, text, email, or social media message.

You Must Appoint Your Representative

Before an attorney can represent you before the VA, you must formally appoint them by submitting VA Form 21-22a, Appointment of Attorney or Agent as Claimant’s Representative.

You Can Change Your Representative

Veterans can discharge an accredited attorney or claims agent at any time or appoint a new representative. However, ending the representation does not automatically eliminate fees that may be owed under a valid fee agreement. Depending on the circumstances, a former attorney may be entitled to a reasonable fee based on the work they performed and their contribution to any benefits ultimately awarded.

What Accredited Representatives May Charge

You cannot be charged a fee for help preparing or filing an initial VA disability claim. Veterans who need assistance at this stage can also work with an accredited VSO representative free of charge.

After the VA issues an initial decision, VA-accredited attorneys and claims agents may charge for certain representation services if the Veteran has signed a fee agreement and appointed the representative using VA Form 21-22a. In general:

• Fees may be based on past-due benefits. Many attorneys use contingency fee agreements based on a percentage of the back pay recovered. A fee of 20% or less is generally presumed reasonable when certain requirements are met.
• Fees above 33⅓% face greater scrutiny. When a fee exceeds 33⅓% of past-due benefits, the attorney or claims agent must show that the amount is reasonable. Veterans may also ask the VA’s Office of General Counsel to review a disputed fee.
• The fee agreement should clearly explain what you may owe. Before signing, make sure you understand how the representative will be paid and whether you may be responsible for any separate costs or expenses.

How Morgan & Morgan May Be Able to Help

At Morgan & Morgan, we want you to understand how our representation works before moving forward. Our team can explain the fee agreement, answer your questions, and make sure you understand your options.

If you disagree with a VA decision or believe your disability rating does not accurately reflect your condition, our VA-accredited attorneys can help you determine which decision review option may be appropriate. Depending on the circumstances, that could include a Supplemental Claim, Higher-Level Review, or appeal to the Board of Veterans’ Appeals.

Deadlines can apply to VA decision reviews, so it is important to understand your options and act within the applicable timeframe. An accredited attorney can help you navigate the process, gather supporting evidence when appropriate, and advocate for the benefits you earned through your service.

Why Choose Morgan & Morgan?

Veterans deserve representation from a team that understands the VA benefits process and is prepared to advocate for them when a claim is denied or their benefits are disputed.

Morgan & Morgan has spent more than 35 years fighting For The People, and our Veterans Benefits team fights to help Veterans pursue the disability benefits they earned through their service. More than 100 Morgan & Morgan lawyers and team members have also served in the military, giving our firm a personal connection to the Veterans we represent.

If you need help understanding a VA decision or pursuing a review or appeal, Morgan & Morgan’s VA-accredited attorneys are here to help. Contact us today for a free case evaluation.