VA disability claim attorney and compensation lawyer help after a VA decision
A VA disability claim attorney is most useful after VA has made a decision on your claim. At that point an accredited attorney may charge a fee, can read your decision letter line by line and can choose the review path that fits your evidence. This page explains the situations where an attorney adds the most, what the fee covers and how the fee agreement works.
Situations where a VA disability claim attorney adds the most
Before VA decides, free help is the usual route
Accredited Veterans Service Organizations help with initial claims at no cost, and paid representatives generally may not charge for that stage. You can still read up on how the va c&p exam works and how your ratings combine with va math, so you know what to expect from the first decision.
What an attorney can and cannot charge for
| Work | Can the attorney charge a fee |
|---|---|
| Preparing and filing your initial claim | Generally no |
| Work after notice of an initial decision | Yes, under a written fee agreement |
| Supplemental claim, higher-level review, Board appeal | Yes, after the initial decision |
| Costs such as records or a medical opinion | May be billed as expenses if the agreement says so |
Fee agreement basics in plain words
A VA disability benefits lawyer must put the fee in a written agreement that you both sign. The attorney files it with VA, and VA can review whether the fee is reasonable.
- The agreement names you, the attorney and the claim it covers.
- It states the fee, often a percentage of past-due benefits.
- A fee of 20 percent or less of past-due benefits is presumed reasonable.
- A fee above 33 1/3 percent is presumed unreasonable.
- It says whether VA pays the attorney directly or you pay the attorney yourself.
How VA can pay the fee directly from back pay
When the agreement calls for it and the fee is no more than 20 percent of past-due benefits, VA can withhold the fee from your back pay and send it to the attorney. You receive the rest. Your ongoing monthly payments are not part of that fee. Ask your attorney which method your agreement uses, so the amount you receive is not a surprise.
Ask for help with your decision
Pick your state, your claim stage and the type of representative you want. Verified accredited representatives who take that kind of claim in your state get your request, and you decide whom to answer. The request is free for veterans and you can ignore any reply.
More on representatives
For how to judge a va disability lawyer before you sign, read the main guide. If your case is already at the Board, the va appeals attorney page covers the three review options.
When should I hire a VA disability claim attorney?
Most veterans hire one after VA issues a decision they disagree with. That is when an accredited attorney may charge a fee and when a review choice has to be made.
Is a VA disability benefits lawyer different from a claim attorney?
The names are used for the same job. What matters is that the person is accredited by VA's Office of General Counsel to help with VA claims.
Does VA take the attorney fee out of my back pay?
It can. If the fee agreement asks for direct payment and the fee is no more than 20 percent of past-due benefits, VA withholds it and pays the attorney.
Can an attorney help with TDIU?
Yes. TDIU claims often need work history and medical opinions about how your conditions limit work, and an accredited attorney can help gather that evidence after an initial decision.