What does a VA benefits attorney do?
A VA benefits attorney is an accredited lawyer who represents veterans, service members and survivors before the Department of Veterans Affairs. The work covers disability compensation, increases, appeals, pension, Aid and Attendance and survivor claims such as DIC. The attorney gathers evidence, files the forms, argues the case and challenges an unfair decision.
How much does a VA benefits attorney cost?
Accredited attorneys can charge only after VA issues an initial decision on the claim. VA presumes a fee of up to 20 percent of past-due benefits is reasonable, and a fee above one third is never allowed. Most fees are contingent, so there is normally no charge if no back pay is awarded.
Can a VA benefits attorney help with VA pension and survivor benefits?
Yes, if the attorney is VA-accredited. Accreditation covers any VA claim, including Veterans Pension, Survivors Pension, Aid and Attendance and Dependency and Indemnity Compensation. Ask whether the lawyer handles these claims often, because many firms focus almost only on disability compensation.
Is a VA benefits attorney the same as a VA claims agent?
No. Both must be accredited by VA, and both can charge only after an initial decision. An attorney is a licensed lawyer who can also go to federal court if the Board of Veterans Appeals denies your appeal. A claims agent is not a lawyer and cannot represent you in court.
When should I hire a VA benefits lawyer?
Hire one when VA denied your claim, gave a rating that is too low, or when your case is complex, such as TDIU, a death claim or a pension claim with asset questions. For a simple first claim with clear service records, many veterans start with a free VSO.