VA Agents Fees Exam Questions (2026): 15 Free Practice Questions with Answers

1. Under 38 CFR 14.636(a), a fee that does not exceed 20 percent of past-due benefits is treated how?

1. A. It is automatically unreasonable and must be reduced
2. B. It is presumed reasonable, though the presumption can be rebutted by the 14.636(a) factors
3. C. It is exempt from any OGC review
4. D. It is permitted only with a court order

Show answer and explanation

Answer: B. Under 38 CFR 14.636(a), fees at or below 20 percent of past-due benefits are presumed reasonable, subject to the multi-factor reasonableness review.

Why the tempting wrong answer fails: A inverts the rule; 20 percent is the safe harbor, not a violation.

Source: 38 CFR 14.636(a)

2. Under 38 CFR 14.636(c), when may an agent or attorney first charge a fee for services on a claim for VA benefits?

1. A. From the day the veteran first contacts the agent
2. B. Only for services provided on or after the date a notice of disagreement is filed with respect to the issue, with limited exceptions
3. C. Only after the Board issues a decision
4. D. Only after the veteran signs a power of attorney

Show answer and explanation

Answer: B. Under 38 CFR 14.636(c), fees are permitted only for services on or after the NOD filing date for the issue, with narrow exceptions.

Why the tempting wrong answer fails: A would allow fees from first contact; the NOD date is the statutory gate.

Source: 38 CFR 14.636(c)

3. Under 38 CFR 14.636(g)(1), which of the following must a fee agreement between an agent and a claimant include to be valid?

1. A. Only the agent’s signature
2. B. It must be in writing, signed by both the claimant and the agent, and specify the fee basis
3. C. An oral agreement confirmed by email
4. D. Only the total dollar amount, with no other terms

Show answer and explanation

Answer: B. Under 38 CFR 14.636(g)(1), fee agreements must be in writing, signed by both parties, and set out the terms including the fee basis.

Why the tempting wrong answer fails: C fails the writing and signature requirements outright.

Source: 38 CFR 14.636(g)(1)

4. Under 38 CFR 14.636(g)(2), a direct-pay fee agreement is best described as which of the following?

1. A. Any fee agreement the agent chooses to label direct-pay
2. B. An agreement authorizing VA to pay the agent’s fee directly from past-due benefits awarded
3. C. An agreement where the claimant pays the agent in cash at signing
4. D. An agreement filed only with the Court

Show answer and explanation

Answer: B. Under 38 CFR 14.636(g)(2), a direct-pay agreement is one in which the claimant authorizes VA to pay the fee directly out of past-due benefits.

Why the tempting wrong answer fails: A treats the label as self-executing; the regulation defines the substance.

Source: 38 CFR 14.636(g)(2)

5. An agent and claimant sign a fee agreement under which the agent will collect the fee from the claimant directly (not a direct-pay agreement). Under 38 CFR 14.636(g)(3), where and when must it be filed?

1. A. With the agency of original jurisdiction within 60 days
2. B. With the Office of the General Counsel within 30 days of execution
3. C. With the Board within 30 days of execution
4. D. It need not be filed unless disputed

Show answer and explanation

Answer: B. Under 38 CFR 14.636(g)(3), a non-direct-pay agreement must be filed with OGC within 30 days of execution; direct-pay agreements go to the AOJ on the same deadline.

Why the tempting wrong answer fails: A states the direct-pay rule; non-direct-pay goes to OGC instead.

Source: 38 CFR 14.636(g)(3)

6. Under 38 CFR 14.636(h), VA will pay an agent’s fee directly from past-due benefits only when which condition is met?

1. A. The agent asks VA nicely in a cover letter
2. B. The total fee is under $1,000
3. C. valid direct-pay fee agreement is of record and the other regulatory conditions are satisfied
4. D. The claimant is unrepresented by anyone else

Show answer and explanation

Answer: C. Under 38 CFR 14.636(h), direct payment requires a valid direct-pay fee agreement of record plus the regulation’s other conditions.

Why the tempting wrong answer fails: A trivializes a formal regulatory process into a mere request.

Source: 38 CFR 14.636(h)

7. Two agents each have valid direct-pay agreements and both provided continuous representation through the decision awarding past-due benefits. Under 38 CFR 14.636(i), what is the default allocation?

1. A. The entire fee to the first agent retained
2. B. An equal split between the two continuous agents
3. C. The entire fee to the claimant
4. D. The entire fee to whichever agent filed first with OGC

Show answer and explanation

Answer: B. Under 38 CFR 14.636(i), where multiple agents provided continuous representation, the default is an equal split among the eligible agents.

Why the tempting wrong answer fails: A invents a first-retained priority the regulation does not contain.

Source: 38 CFR 14.636(i)

8. An agent’s fee agreement requires the claimant to reimburse the cost of a private medical opinion. Under 38 CFR 14.637, may VA pay that expense directly to the agent from past-due benefits?

1. A. Yes, if the expense is reasonable
2. B. Yes, if the fee plus expenses stays under 20 percent
3. C. No; expenses are not payable directly to the agent by VA out of benefits due the claimant
4. D. Yes, but only after OGC approves the expense

Show answer and explanation

Answer: C. Under 38 CFR 14.637, expenses are a matter for the fee agreement between agent and claimant; VA does not pay expenses directly out of past-due benefits.

Why the tempting wrong answer fails: B borrows the 20 percent fee cap, which measures fees, not expenses.

Source: 38 CFR 14.637

9. Under 38 CFR 14.636(b), an accredited representative of a recognized service organization who is acting in that capacity may receive fees in which circumstance?

1. A. Whenever the veteran agrees in writing
2. B. Never, when acting as the organization’s representative; fees require designation in an individual agent or attorney capacity under 14.631
3. C. When the organization’s commander approves
4. D. When the claim exceeds $50,000 in past-due benefits

Show answer and explanation

Answer: B. Under 38 CFR 14.636(b), organization representatives acting as such may not receive fees; fee-taking requires individual designation as an agent or attorney under 14.631.

Why the tempting wrong answer fails: A would let consent override a regulatory prohibition; it cannot.

Source: 38 CFR 14.636(b)

10. Under 38 U.S.C. 5904(c), which factors does VA consider in deciding whether a fee is reasonable?

1. A. Only the total dollar amount
2. B. Factors including the extent and type of services, the complexity of the case, and the results achieved
3. C. Only the agent’s years of experience
4. D. The veteran’s income level

Show answer and explanation

Answer: B. Under 38 U.S.C. 5904(c), reasonableness is judged on factors such as the extent and type of services performed, case complexity, and results obtained.

Why the tempting wrong answer fails: A reduces a multi-factor test to a single number.

Source: 38 U.S.C. 5904(c)

11. Under 38 CFR 14.631, a veteran appoints an accredited agent as representative by executing which form?

1. A. VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative
2. B. VA Form 21-22a, Appointment of Individual as Claimant’s Representative
3. C. VA Form 10182
4. D. VA Form 21-4138

Show answer and explanation

Answer: B. Under 38 CFR 14.631, appointment of an individual agent or attorney as representative is made on VA Form 21-22a.

Why the tempting wrong answer fails: A is the VSO appointment form, not the individual-representative form.

Source: 38 CFR 14.631

12. Under 38 CFR 14.633, which of the following conduct by an accredited agent is prohibited?

1. A. Advertising the agent’s accreditation status truthfully
2. B. Engaging in deceit, misrepresentation, or misleading advertising in connection with representation
3. C. Charging a fee below the 20 percent presumption
4. D. Representing claimants in two different states

Show answer and explanation

Answer: B. Under 38 CFR 14.633, standards of conduct prohibit deceit, misrepresentation, and misleading conduct, which can lead to suspension or cancellation.

Why the tempting wrong answer fails: A is permitted; truthful advertising is not misconduct.

Source: 38 CFR 14.633

13. Which VA office has authority to review fee agreements for reasonableness and resolve fee disputes under 38 CFR 14.636?

1. A. The agency of original jurisdiction in all cases
2. B. The Board of Veterans’ Appeals
3. C. The Office of the General Counsel
4. D. The regional office’s finance division

Show answer and explanation

Answer: C. Under 38 CFR 14.636, the Office of the General Counsel reviews fee agreements for reasonableness and adjudicates fee disputes.

Why the tempting wrong answer fails: B decides benefits appeals, not fee reasonableness; that is OGC’s lane.

Source: 38 CFR 14.636

14. Under 38 CFR 14.629, an applicant for accreditation as a claims agent must demonstrate which of the following?

1. A. Membership in a state bar
2. B. Good character and reputation, and fitness to represent claimants, including passing the OGC accreditation examination
3. C. Ten years of military service
4. D. law degree from an accredited school

Show answer and explanation

Answer: B. Under 38 CFR 14.629, agent accreditation requires good character and reputation plus demonstrated fitness, including passing the OGC exam. Agents need not be attorneys.

Why the tempting wrong answer fails: D describes attorney qualifications; agents are a separate category.

Source: 38 CFR 14.629

15. An agent’s fee agreement states a 33 percent contingent fee. Under 38 CFR 14.636(a), how is this treated?

1. A. It is per se reasonable because the claimant agreed
2. B. It exceeds the 20 percent presumption, so it is not presumed reasonable and faces full reasonableness review
3. C. It is automatically void
4. D. It is permitted without review if filed with the AOJ

Show answer and explanation

Answer: B. Under 38 CFR 14.636(a), fees above 20 percent lose the presumption of reasonableness and are subject to full review under the statutory factors.

Why the tempting wrong answer fails: A treats claimant consent as dispositive; VA still reviews for reasonableness.

Source: 38 CFR 14.636(a)