Veterans are often told that getting a rating increase requires paying a consultant a slice of it. For an initial claim, the opposite is the law. Under 38 CFR 14.636, no one may charge to prepare and file an initial claim, accredited help is free through VSOs, and lawful fees exist only after a decision, in writing, filed with VA. Anyone selling a shortcut around those rules is the red flag.
How VA regulates who can charge you
Filing a VA claim should not cost you a percentage of your benefits, and for an initial claim it cannot. VA accredits the people who may represent you and limits what they can charge. Knowing the rules protects you from a claim shark, an unaccredited consultant who charges illegal fees for work that an accredited representative would do for free or for a regulated fee.
Only accredited people may represent you
Under 38 CFR 14.629, only three kinds of representatives are accredited to act for you before VA: accredited attorneys, accredited claims agents, and representatives of recognized Veterans Service Organizations. You can confirm anyone in seconds using the VA Office of General Counsel accreditation search. If a person or company is not on that list, they are not allowed to represent you before VA.
No one may charge to file your initial claim
This is the rule claim sharks ignore. Under 38 CFR 14.636, no one may charge a fee to prepare, present, and file your initial claim for benefits. A fee can be charged only after VA has issued a decision and you have moved into a review or appeal. Veterans Service Organizations help for free at every stage. If a company wants money, or a slice of your future monthly increase, to file your first claim, that is a red flag.
What a lawful fee looks like
Once you are past the initial decision and into a review, an accredited attorney or claims agent may charge a fee, but the agreement must be filed with VA. A fee of 20 percent of past due benefits is presumed reasonable. A fee above 33.3 percent is presumed unreasonable. Fees are tied to past due (retroactive) benefits, not to your ongoing monthly check. The law behind these limits is 38 USC 5904.
How to protect yourself
- Verify accreditation on the VA OGC accreditation search before signing anything.
- Never pay to file an initial claim. Start with a free VSO.
- Read any fee agreement and confirm it was filed with VA.
- Be suspicious of guarantees, pressure to sign fast, or a cut of your monthly pay.
- If you think you were charged an illegal fee, you can report it to VA.
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This guide is educational. It is not legal advice. An accredited VA representative, including a free VSO, can help with your specific claim.
Sources
- 38 CFR 14.636 (payment of fees for representation)
- 38 CFR 14.629 (accreditation requirements)
- 38 USC 5904 (recognition of agents and attorneys)
- VA Office of General Counsel accreditation search
- VA, Get free help filing your VA disability claim
Related on this site
- Start here: build your claim
- If your military records or DD-214 are lost
- Intent to File: lock in your effective date before you are ready
Common questions
Can a company charge me to file my initial VA claim?
No. Under 38 CFR 14.636, no one may charge a fee to prepare, present, and file your initial claim for benefits. Fees are only allowed after VA has issued a decision and you have moved into a review or appeal. A company asking for money, or a slice of your future monthly increase, to file your first claim is the defining mark of a claim shark.
Who is legally allowed to represent me before VA?
Only three kinds of representatives under 38 CFR 14.629: accredited attorneys, accredited claims agents, and representatives of recognized Veterans Service Organizations. Anyone can be verified in seconds through the VA Office of General Counsel accreditation search; if a person or company is not on that list, they may not represent you before VA.
What fee is lawful after a decision?
An accredited attorney or claims agent may charge a fee tied to past due (retroactive) benefits, with the agreement filed with VA. Twenty percent of past due benefits is presumed reasonable, and anything above 33.3 percent is presumed unreasonable, under 38 USC 5904. Lawful fees are generally not taken from your ongoing monthly check.
How do I protect myself from a claim shark?
Verify accreditation on the VA OGC search before signing anything, never pay to file an initial claim (start with a free VSO), read any fee agreement and confirm it was filed with VA, and be suspicious of guarantees, pressure to sign fast, or requests for a cut of your monthly pay. Illegal fees can be reported to VA.