VA claims agent fee calculator
Quick answer: Enter the past-due benefits below. The calculator shows three numbers from 38 CFR 14.636(f): the 20% presumed-reasonable amount (also the direct-pay cap), the 33 1/3% presumed-unreasonable threshold, and the band between them where VA decides reasonableness case by case.
TL;DR
- 20% or less of past-due benefits: presumed reasonable, and the most VA pays directly.
- Over 33 1/3%: presumed unreasonable.
- Between 20% and 33 1/3%: decided case by case.
The total past-due benefits VA awarded the claimant.
When VA pays a fee directly, it withholds 5% of the fee as an assessment, capped at $100, and the agent may not recover it from the claimant (38 U.S.C. 5904(a)(6)).
How the three bands work
The fee rules live in 38 CFR 14.636(f). There is no single maximum fee. Instead, VA uses presumptions:
- 20% or less of past-due benefits: presumed reasonable. This is also the ceiling for direct payment: VA will only withhold and pay the agent up to 20% directly from past-due benefits.
- More than 20% up to 33 1/3%: no presumption either way. VA weighs the standard reasonableness factors (time, complexity, results, customary fees, and the rest of the 14.636(f) list).
- Over 33 1/3%: presumed unreasonable. The agent would have to overcome that presumption.
Two timing rules that matter more than the math
First, no fees before the initial decision. Under 38 U.S.C. 5904(c)(1) and 38 CFR 14.636(c), an agent generally may not charge for services performed before the claimant receives notice of VA's initial decision on the claim. This is one of the most tested rules on the accreditation exam.
Second, the fee agreement must be filed. For direct payment, the signed fee agreement has to be of record with VA. A handshake percentage means nothing until the paperwork is filed.
Why this is heavily tested
Fee questions are some of the most predictable points on the accreditation exam because the rules are numerical: 20%, 33 1/3%, 5% capped at $100, and the no-fee-before-decision timing rule. Our sample questions drill these numbers, and the full bank covers the rest of 14.636.
See what fees VA claims agents can charge and the 20% fee rule explained for the full breakdown.
Frequently asked questions
What is the 20% fee rule for VA claims agents?
A fee of 20% or less of past-due benefits is presumed reasonable under 38 CFR 14.636(f), and 20% is also the most VA will pay an agent directly from past-due benefits.
Can a VA claims agent charge 30%?
Between 20% and 33 1/3%, there is no presumption: VA decides reasonableness case by case using the 14.636(f) factors. Over 33 1/3% is presumed unreasonable.
Who pays the 5% assessment?
When VA pays a fee directly, it withholds 5% of the fee (capped at $100) as an assessment. The agent may not recover it from the claimant, per 38 U.S.C. 5904(a)(6).