VA accredits three kinds of representatives: VSO representatives, attorneys and claims agents. A VSO representative helps for free. Attorneys and claims agents may charge fees only after VA issues an initial decision on your claim. Anyone who is not accredited cannot be paid for helping you prepare, present or prosecute a claim.
How do a VSO, an attorney and a claims agent compare?
| Representative | Cost | Who they are | How you appoint them |
|---|---|---|---|
| VSO representative | Free | Accredited staff or volunteers of groups such as DAV, VFW and the American Legion, or of county and state veterans service offices | VA Form 21-22 |
| Accredited claims agent | Fees only after VA’s initial decision | A non-attorney accredited by VA to help with claims | VA Form 21-22a |
| Accredited attorney | Fees only after VA’s initial decision | A licensed attorney accredited by VA to help with claims | VA Form 21-22a |
| Unaccredited consultant or coach | Not allowed to charge for claim help | Not recognized by VA | Cannot be appointed |
You and the representative both sign the appointment form. You can submit it through VA’s online tool, by mail or in person at a VA regional office. A newly appointed representative replaces your current one, and VA does not assign one for you.
Which one should you choose?
The right choice depends on where your claim stands:
- Starting a claim or filing for the first time. A VSO representative is a free place to start, and you can still file yourself on VA.gov.
- Several conditions or a complicated claim. A VSO representative with experience in your type of claim may be enough. Some veterans add an attorney or claims agent, which can make sense after a decision, when fees are allowed.
- A denial or a rating you disagree with. Review options include a Supplemental Claim, a Higher-Level Review and a Board appeal, and a representative can help you pick one. Our guide to appeals, supplemental claims and a wrong rating compares them.
Whatever you choose, ask about experience with your condition, how the representative will update you and who your day-to-day contact will be.
How do you confirm someone is accredited?
- Search for the person in VA’s accredited representative search.
- Contact them to confirm they are available. For a VSO representative, also ask which organization to name on your form.
- Appoint them with the correct form, and keep a copy.
If someone prepares or presents claims but does not appear in the search, do not hire them. Our guide to free, federally recognized VSOs has more on finding one.
What should a fee agreement say?
Under 38 CFR 14.636, a fee agreement with an attorney or claims agent must be in writing and signed by both you and the representative. It must identify you, the VA file number and the specific terms for figuring the fee. Fees up to 20% of past-due benefits are presumed reasonable, and fees over 33 1/3% are presumed unreasonable. If the agreement says VA may pay the fee directly out of your past-due benefits, it must say so clearly. Read it before you sign, and do not pay for anything before VA has issued an initial decision.
Where does a medical opinion fit?
A representative works the paperwork and process, and a doctor handles the medical side. A medical opinion on whether your condition is linked to service can come from any licensed provider, including your own doctor, and VA does not require a paid one. Woobie provides a free consultation and Independent Medical Opinions from licensed medical professionals for a flat fee that does not depend on your claim outcome. Woobie is not a law firm or an accredited claims agent and does not file claims.
Frequently asked questions
Is it legal to pay a company to file my VA claim?
Only accredited people may help prepare, present and prosecute a VA claim. VSO representatives are free. Accredited attorneys and claims agents may charge only after VA issues an initial decision. Anyone who is not accredited is barred from charging for claim help, and California’s SB 694 adds state-level rules.
What is the difference between a claims agent and an attorney?
Both are accredited by VA to help with claims and both may charge fees only after an initial decision, under a written agreement. An attorney is a licensed lawyer. A claims agent is not an attorney.
Does VA pay a representative’s fee out of my benefits?
Only if your fee agreement says so clearly. A direct-pay agreement lets VA pay the fee from past-due benefits, and it must be filed with VA within 30 days. Without that language, the attorney or claims agent collects the fee from you.
Questions about your medical evidence? Woobie offers a free consultation to talk through your situation. Woobie is not a law firm or an accredited claims agent and does not file claims. Schedule a free consultation →