VA fee agreements and direct pay: a step-by-step checklist for claims agents

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

This page is the procedure: what goes in the agreement, where it goes, and what has to happen before VA will pay you directly. For when fees are allowed and how much, see claims agent fees.

Step 1: Make sure fees are allowed at all

Generally, fees are allowed only for services after the claimant is given notice of the agency of original jurisdiction's initial decision (38 U.S.C. 5904(c)(1); 38 CFR 14.636(c)). You also need a properly filed power of attorney under 14.631 (VA Form 21-22a).

Step 2: Put it in writing with the required terms

Every fee agreement must be in writing and signed by both the claimant and the agent (14.636(g)). To be valid it must include:

1. the name of the veteran;
2. the name of the claimant or appellant, if other than the veteran;
3. the name of any disinterested third-party payer and their relationship to the veteran or claimant;
4. the applicable VA file number;
5. the specific terms for determining the fee.

(14.636(g)(1).)

Step 3: Decide direct pay or self-collect, and say so clearly

The agreement "must also clearly specify if VA is to pay the agent or attorney directly out of past due benefits." If it does not clearly say so, or if it calls for more than 20% of past-due benefits, it is treated as an agreement where you collect from the claimant yourself (14.636(g)(2)). VA honors a direct-pay agreement only if:

• the total fee (excluding expenses) is no more than 20% of past-due benefits;
• the fee is contingent on a favorable result;
• you are accredited on the date of VA's fee allocation notice; and
• the award results in a cash payment the fee can be deducted from.

(14.636(h)(1); 5904(d).)

Step 4: File within 30 days, in one place

• Direct-pay agreement: file with the agency of original jurisdiction (the VBA regional office) within 30 days of execution (14.636(g)(3), (h)(4)). OGC links to VBA's mailing-address page for this (VA OGC).
• Any other agreement: file with OGC within 30 days, at Office of the General Counsel (022D), 810 Vermont Avenue NW, Washington, DC 20420 (14.636(g)(3)). OGC also lists fax (202) 495-5457 (VA OGC).
• Fee agreements should be filed in only one location, and you should not send OGC claim documents (VA OGC). VA may accept a late filing on a showing of sufficient cause (14.636(g)(3)).

Step 5: Enroll as a VA vendor (once)

For direct pay, agents must be vendorized in VA's Financial Management System. To do that, submit VA Form 10091 through the VA Customer Engagement Portal. You do not need a new 10091 for each case, only when your payee or bank information changes (VA OGC).

Step 6: The fee allocation notice

• When past-due benefits are awarded in a case with a direct-pay agreement, the AOJ issues a fee allocation notice. The default gives the fee to the continuous agent if eligible. Otherwise the fee is split equally among the eligible agents plus the claimant (14.636(i)(1)).
• To dispute the allocation, request OGC fee review within 60 days of the notice. To dispute eligibility, appeal to the Board (14.636(i)(2)-(3)). OGC accepts fee review requests by email at [email protected] (subject "Fee Review Request") or by fax at (202) 495-5909 for notices issued on or after April 1, 2025 (VA OGC).
• VA keeps a 5% assessment (up to $100) from a directly paid fee, and you may not pass it on to the claimant (5904(a)(6)).

Expenses are separate

Expense reimbursement is agreed in the fee agreement and paid by the claimant. VA does not pay expenses directly from benefits (38 CFR 14.637(b)).