What Representation Costs

Most sites in this business are vague about money. We would rather publish the actual regulation, because the rules are the strongest argument for using an accredited representative in the first place — they are protections that only apply to people who are accredited.

Rule one: nothing before a decision

Under 38 CFR §14.636(c), an accredited agent or attorney may not charge a fee for preparing or filing an initial claim. A fee only becomes chargeable once VA has issued an initial decision on that claim.

It also means the economics are the reverse of what people expect. We do not make money from you filing. We make money from a decision that already went wrong being put right — which is why our work is concentrated on appeals, CUE, TDIU and effective dates.

Rule two: what counts as reasonable

§14.636(f) sets presumptions VA applies when reviewing any fee agreement:

• 20% or less of past-due benefits is presumed reasonable
• More than 33⅓% is presumed unreasonable
• Between those, VA weighs factors including the complexity of the case, the level of skill required, and the time spent

Rule three: direct payment from VA

VA can pay a representative directly out of a past-due benefits award. For that to happen, four things must all be true:

1. The representative was accredited at the time the services were provided
2. The fee agreement is contingent on a favourable outcome
3. The fee is 20% or less of past-due benefits
4. The award actually results in a cash payment to the claimant

Where VA pays directly, it withholds an assessment of 5% of the fee, capped at $100, under §14.636(h)(4).

Rule four: the agreement is filed with VA

Every fee agreement must be filed with VA within 30 days of being signed — with the Regional Office where direct payment is sought, and otherwise with the Office of General Counsel. Either party, or VA on its own initiative, may ask OGC to review a fee for reasonableness.

The practical effect is that your agreement with an accredited representative is a document a federal agency has a copy of and can rule on. No agreement with an unaccredited "consultant" carries that protection.

What past-due benefits actually means

Past-due benefits are the retroactive amount owed from the effective date to the date VA issues the award. A contingency fee applies to that lump sum — not to your ongoing monthly compensation, which is yours in full, permanently.

A worked example: an increase is granted with an effective date 24 months back, raising monthly compensation by $800. Past-due benefits are roughly $19,200. A 20% fee on that is about $3,840, paid once. The $800 a month continues for as long as the rating stands, with nothing further owed.

Our commitment

• No fee is charged before VA has issued an initial decision.
• Our fee agreements are contingent and are filed with VA as the regulation requires.
• We never charge a fee to a surviving spouse or child. The name of this practice comes from Lincoln's promise to care for the widow and the orphan, and we hold to it.
• If a free VSO is the better answer for your situation, we will tell you that instead of taking the case. See is hiring help worth it.

What to be careful of

• Fees expressed as a multiple of your monthly increase. "Five times the monthly increase" is a structure used by unaccredited companies and is not governed by §14.636. It can vastly exceed what an accredited representative could lawfully charge.
• Charges for filing. Unlawful, as above.
• Anyone who cannot be found in VA's accreditation database. Check first: how to verify VA accreditation.
• Guaranteed outcomes or promised percentages. Nobody can promise a rating. We do not, and a representative who does is telling you something they cannot know.