Free help exists, and paid help is tightly regulated
Filing your first VA claim should never cost you a slice of your benefits, and by law it cannot. Knowing a few simple rules is the best protection against a claim shark. Here is what is actually allowed, and what to do if someone crosses the line.
What a representative can and cannot charge
The rules below come straight from VA's regulations on representative fees.
Under 38 CFR 14.636, a fee cannot be charged to prepare, present, and file your first claim for a benefit. A fee is only allowed after VA issues its first decision and you move into a review or appeal.
38 CFR 14.636VA will pay a representative's fee directly out of your past-due benefits only if the fee is no more than 20 percent of that back pay, is fully contingent on winning, and the rep is accredited.
38 CFR 14.636(h)A fee above 33 and a third percent of past-due benefits is presumed unreasonable. A fee between 20 and 33 and a third percent is not automatically illegal, but VA will not pay it directly from back pay.
38 CFR 14.636(f)A valid fee must be set out in a written agreement signed by both you and the representative. There is no valid fee without one, and only an accredited person can charge at all.
38 USC 5904Start with free, accredited help
VA accredits three kinds of representatives to act on claims, and the first option is always free. One narrow exception for unaccredited helpers is noted below.
A representative of a recognized Veterans Service Organization, like the DAV, VFW, or your state or county veterans office. They help at every stage at no cost.
A licensed attorney accredited by VA. Cannot charge for the initial claim, and may charge a regulated, reasonable fee only after VA's first decision.
A non-attorney accredited by VA after an exam and background check. Same fee rules as an attorney: nothing for the initial claim, a regulated fee only after the first decision.
Under 38 CFR 14.630, VA can authorize a person who is not accredited, such as a family member or friend, to help with one particular claim, one time only. It requires a statement signed by both of you, filed with VA, that no compensation will be charged or paid for the help, and the same person cannot do it again for another claimant.
38 CFR 14.630Red flags of a claim shark
- • Asks for money or a slice of your monthly increase to file your initial claim.
- • Guarantees a rating, a 100 percent outcome, or a faster decision. No one can promise what VA will decide.
- • Is not on the VA accreditation list, or dodges the question when you ask.
- • Pressures you with repeated calls, texts, or a deadline to sign today.
- • Tells you it is fine to exaggerate symptoms, or coaches you to say things that are not true.
- • Asks for your VA.gov or ID.me login, or wants control of your bank account or payments.
- • Wants a percentage of your benefits paid to them every month, indefinitely.
How to report a claim shark
If someone charged you to file an initial claim, guaranteed a rating, or is not accredited, you have a few ways to report it.
The FTC's report site forwards complaints about VA claim help to VA's Office of General Counsel. This is VA's recommended route for problems with paid claim companies.
reportfraud.ftc.govFor accreditation questions or to flag an accredited representative, write VA's Office of General Counsel directly.
ogcaccreditationmailbox@va.govYou can file a complaint against an accredited representative with VA using VA Form 3288 and a short written explanation of what happened.
About VA Form 3288