How Do Attorney Fees Work in a VA Claim?

Agents and attorneys may not charge or be paid for services with respect to services provided before the date on which a notice of disagreement is filed with respect to the veteran’s case. 38 U.S.C. § 5904(c)(1). This provision of law went into effect in June 2007 and applies to all cases where there is a notice of disagreement after June 21, 2007. Under current law, fees may not be charged by an agent or an attorney for work performed in connection with the filing of a claim for VA benefits. An agent or attorney may assist a veteran or a claimant without charge in the initial presentation of an application for benefits.

Once VA makes its initial decision and a notice of disagreement has been filed, only then may a fee be charged for services provided after the filing of a notice of disagreement. There are three stages of the appeal process at which representation can commence. At the regional office level after the filing of a notice of disagreement. At the Board of Veterans Appeals if a notice of disagreement was filed on the issue after the filing of a notice of disagreement or at Court. An agent or attorney may represent prior to the filing of a notice of disagreement but may not charge a fee for such services. Fees usually are based on a contingency, meaning that there are no fees unless you win the claim. Unlike personal injury cases, the fee does not exceed 20% of the back pay. There are no ongoing fees arising from representation.

To learn how the Vet Defender can assist you with your claim click on this link and schedule an appointment: Schedule an Appointment.