What fees VA-accredited claims agents may charge, and when

Sources checked October 4, 2026. Independent guide, not affiliated with VA. Not legal advice.

In most cases an accredited agent or attorney may charge only for representation provided after the agency of original jurisdiction issues notice of its initial decision on the claim (38 U.S.C. 5904(c)(1); 38 CFR 14.636(c)). Fees must be reasonable. A fee of 20% or less of past-due benefits is presumed reasonable, and a fee over 33⅓% is presumed unreasonable (14.636(f)(1)).

When fees may be charged

• Current (AMA) claims: fees are allowed for representation after notice of an initial decision issued on or after the modernized review system's effective date, if the agent has met the power-of-attorney (14.631) and fee-agreement (14.636(g)) requirements (14.636(c)(1)(i)). That effective date is February 19, 2019 (38 CFR 19.2(a)). An "initial decision" includes an initial decision on a claim for increase, on a CUE request, and on a supplemental claim filed after the earlier claim became final (14.636(c)(1)(i)).
• Legacy claims (decision notice before February 19, 2019): fees are allowed after a Notice of Disagreement filed on or after June 20, 2007 (14.636(c)(2)). If the NOD was filed on or before June 19, 2007, fees require a final Board decision and retention within 1 year after it (14.636(c)(3)).
• No fees for preparing an initial claim. The statute bars fees for services before notice of the initial decision (5904(c)(1)). OGC's FAQ says agents may not charge for preparing a claims form (OGC FAQ). (Some OGC materials still describe the older NOD-based trigger. The current regulation is 14.636(c).)
• Exceptions: chapter 37 home loan cases, and payment by a truly disinterested third party. A spouse, child, parent, or anyone living with the claimant is presumed not disinterested. A third-party fee may not be contingent (14.636(d)).

How much

• Fees may be a fixed fee, an hourly rate, a percentage of benefits recovered, or a combination. They are judged on 10 reasonableness factors (14.636(e)).
• 20% or less of past-due benefits is presumed reasonable if representation continued through the decision awarding benefits. More than 33⅓% is presumed unreasonable. Both presumptions can be rebutted by clear and convincing evidence (14.636(f)(1); see also 5904(a)(5)).
• VA direct pay: VA will pay the fee directly from past-due benefits only if the total fee is no more than 20% of past-due benefits, the fee is contingent on a favorable result, the agent is accredited on the date of the fee allocation notice, and the award produces a cash payment (14.636(h)(1); 5904(d)). An agreement for more than 20%, or one that does not clearly specify direct pay, means the agent collects from the claimant (14.636(g)(2)).
• Assessment: VA keeps 5% of a directly paid fee, up to $100. The agent may not pass it on to the claimant, directly or indirectly (5904(a)(6); 14.636(h)(1)).

Fee agreements

• Must be in writing, signed by both parties, and include the veteran's name, the claimant's name if different, any third-party payer, the VA file number, and the specific fee terms (14.636(g)(1)).
• Direct-pay agreements are filed with the agency of original jurisdiction within 30 days of execution. Other agreements are filed with OGC within 30 days (14.636(g)(3); VA OGC).
• For direct pay, agents must also be enrolled as vendors with VA's Financial Services Center (VA Form 10091 via the Customer Engagement Portal) (VA OGC).

Fee allocation and review

When a direct-pay agreement is on file and past-due benefits are awarded, the AOJ issues a fee allocation notice. By default the fee goes to the continuous agent or attorney if eligible. Otherwise it is split equally among the eligible agents or attorneys plus the claimant. A request for OGC fee review must be filed within 60 days of the notice (14.636(i)). These rules come from the final rule effective April 1, 2025 (89 FR 85055).

Expenses

Agents may be reimbursed for reasonable, nonrecurring expenses tied directly to the claim, such as hearing travel, outside record copies, and expert opinions. Overhead such as rent, staff salaries, and supplies does not count. VA does not pay expenses directly from benefits (38 CFR 14.637(b)-(d)).