VA Disability Representation Fees Explained: What's Legal, What's Free, and What's Not

Know When VA Claim Help Should Be Free

Filing an initial VA disability claim is free. Veterans do not have to pay the Department of Veterans Affairs to submit a claim, and no individual or organization may charge a fee for helping prepare or file that initial claim.

If the VA issues a decision you disagree with, you can also request a decision review or appeal without paying the VA a filing fee. At that stage, however, VA-accredited attorneys and claims agents may charge for certain representation services. Accredited VSO representatives continue to provide assistance free of charge.

Understanding when fees are allowed, and when they are not, can help Veterans avoid improper charges and predatory companies. Below, we explain what VA representation may cost, what services should be free, and what warning signs to watch for when seeking help with a disability claim.

Making Your Initial Claim

When filing an initial VA disability claim, Veterans may need to provide information and evidence showing that they have a current condition connected to their military service. This can include medical records, service records, private treatment records, and statements from the Veteran or others who can help support the claim.

Veterans who are not ready to file a complete claim may choose to submit an Intent to File. This can preserve a potential earlier effective date for benefits while they gather the information needed to complete the claim.

There is no fee to file an initial VA disability claim, and no one may charge a Veteran for assistance with preparing or filing that initial claim. VA-accredited Veterans Service Organization (VSO) representatives can provide this assistance free of charge.

Denials and Decision Reviews

If you disagree with the VA’s initial decision, you may choose to request a decision review or appeal. At this stage, you may also decide to work with a VA-accredited attorney or claims agent, who may charge a fee for certain representation services.

Many VA-accredited attorneys work on a contingency fee basis, meaning their fee is typically a percentage of any past-due benefits recovered if the claim is successful.

Fees for VA representation are subject to specific rules. Depending on the fee agreement:

• An attorney or claims agent may charge a percentage of past-due benefits recovered as a result of the claim.
• A fee of 20% or less of past-due benefits is generally presumed reasonable. Fees above 33⅓% are presumed unreasonable.
• For the VA to pay an attorney or agent directly from a Veteran’s past-due benefits, the fee generally may not exceed 20% of the past-due benefits awarded and must satisfy the VA’s other direct-payment requirements.

The attorney or claims agent must be VA-accredited, and the Veteran and representative must have a valid written fee agreement. The agreement must also be filed with the appropriate VA office.

Fee Scams to Avoid

Claims sharks may promise a higher disability rating, faster VA processing, or special access to the VA that can improve the outcome of a claim. These promises should be treated as warning signs. Only the VA can determine a disability rating, and no representative can guarantee a particular result or faster processing.

Unaccredited companies may also charge improper upfront fees, demand a portion of a Veteran’s benefits, or pressure Veterans to sign contracts for services that accredited representatives may provide under VA rules. Veterans should also be cautious of anyone who asks for access to their VA.gov login credentials or other sensitive account information.

To reduce the risk of improper fees or misleading claims, verify that anyone representing you is VA-accredited. Veterans can also receive free assistance with VA benefit claims from accredited VSO representatives.

If You Think You Were Scammed

If you believe you were targeted by a claims shark or another Veterans benefits scam, take action as soon as possible to protect your personal information and benefits. You can also report suspected fraud to help prevent others from being targeted.

Secure Your Accounts

Change your VA.gov login credentials and any other passwords that may have been compromised. If you notice missing benefits payments, changes to your direct deposit information, or other suspicious activity, contact the VA immediately at 800-827-1000.

Report Suspected Fraud

If you believe someone acted unlawfully or unethically while assisting with your VA benefits claim, you can report it through VSAFE at VSAFE.gov or by calling 833-38V-SAFE (833-388-7233).

Get Help From an Accredited Representative

A VA-accredited VSO representative, claims agent, or attorney can help you understand your claim and address problems that may have resulted from working with an unaccredited provider. You can verify representatives through the VA’s Accreditation Search tool.

Get Legal Representation

Some claims sharks may continue trying to collect fees even after a Veteran questions or ends the relationship. If you are facing collection efforts for services you believe were improper, incomplete, or never provided, a VA-accredited attorney may be able to help you understand your rights and options.

Morgan & Morgan has a history of advocating for Veterans and helping them pursue the benefits they earned through their service. Our VA-accredited attorneys can review your situation, including any contracts, fees, or collection demands related to your VA disability claim, and help you determine what options may be available.

If you believe you were targeted by a claims shark, contact Morgan & Morgan today for a free case evaluation.