What VA claims agents cannot do: boundaries, fee limits, and discipline

Quick answer: A VA-accredited claims agent is accredited to practice before VA only. They cannot charge you for help before your initial claim is decided, cannot represent you in federal court, cannot give legal advice outside VA claims matters, cannot charge unreasonable fees, and cannot use accreditation to sell you financial products. Crossing these lines can cost them their accreditation under 38 CFR 14.633.

Sources checked October 8, 2026. Independent guide, not affiliated with VA. Not legal advice. If you have questions about your own situation, consult an attorney.

The basic boundary

A claims agent is accredited by VA under 38 CFR 14.629 after passing VA's character-and-fitness review and a written exam. That accreditation is a grant of authority for one thing: representing claimants in VA benefits proceedings. It is not a law license, and it does not cover anything outside the VA claims process. Congress sets the frame in 38 U.S.C. 5904, which governs who may be recognized as an agent or attorney and when fees may be charged, and VA fills in the details in 38 CFR 14.626 through 14.637.

Exam candidates: this boundary is heavily tested. Claimants: it is the line that tells you whether what your agent is doing is legitimate.

What agents cannot do

• Charge for work before the first decision. Under 38 U.S.C. 5904, no fee may be charged for services provided before notice of the initial decision is mailed to the claimant. An agent who wants a retainer or flat fee for filing your original claim is outside the rules.
• Represent you in federal court. Accreditation covers practice before VA. If your case goes to the Court of Appeals for Veterans Claims, you need an attorney admitted to that court. An agent who offers to take your case to court is offering something they cannot do.
• Give general legal advice. Agents are not licensed by a state bar. They are accredited to handle VA claims, not to advise you on wills, contracts, criminal matters, or anything else outside VA benefits.
• Charge unreasonable fees. Under 38 CFR 14.636, a fee up to 20 percent of past-due benefits is presumed reasonable, and a fee over 33 1/3 percent is presumed unreasonable. When VA pays the agent directly by withholding past-due benefits, the payment is capped at 20 percent of those benefits.
• Use accreditation to market financial products. VA's OGC accreditation page states that accreditation may not be used for marketing financial products. An agent who pivots your claims meeting into a pitch for insurance or investments is crossing this line.
• Misrepresent their status or advertise unethically. The standards of conduct in 38 CFR 14.632 prohibit fraud, misrepresentation, and unethical advertising. Guaranteeing you a rating, inventing credentials, or running deceptive ads all violate this rule.
• Take gifts tied to free-only services. Under 38 CFR 14.632(c)(6), agents may not accept gifts related to services for which a fee could not lawfully be charged, such as help with an initial claim before a decision. A "free" gift for free work is still prohibited.
• Act without your signed appointment. VA will not recognize a representative who has not been appointed by you on VA Form 21-22a, Appointment of Individual as Claimant's Representative. See the Form 21-22a explainer for how appointment works.

Agents vs. attorneys vs. VSOs: who can do what

The three kinds of accredited representatives have different boundaries:

• Claims agents: charge fees within the limits above, practice before VA only. Must pass VA's exam (38 CFR 14.629(b)(6)).
• Attorneys: accredited without the exam if in good standing with a state bar. They can do everything an agent can do, plus they can appear before the Court of Appeals for Veterans Claims and give legal advice within their licensed scope. They also answer to their state bar rules on top of VA's standards (38 CFR 14.632(d)).
• VSO representatives: accredited through recognized veterans service organizations and work for free. They cannot charge claimants fees at all, which is the trade-off for free help.

For claimants, the practical upshot: if you want paid representation in VA proceedings, an agent or attorney is your option; if you want free help, a VSO representative is; if your case is headed to federal court, only an attorney works. For the full comparison, see claims agent vs. attorney vs. VSO representative.

What happens when agents cross the line

VA's Office of General Counsel polices the boundary. Under 38 CFR 14.633, OGC can suspend or cancel an agent's accreditation for misconduct, including violating the standards of conduct, charging prohibited fees, or misrepresenting their authority. Suspension and cancellation remove the person from the official OGC search, so they lose the ability to take new clients.

Claimants have two tools:

• Complain to OGC. OGC's accreditation page describes the discipline process. A complaint about an agent's conduct goes to the same office that accredited them.
• Dispute the fee. OGC reviews fee disputes between claimants and representatives. See the fee review petition guide for how that works.

Separately, 38 U.S.C. 5905 makes it a federal offense to wrongfully withhold from a claimant any part of a benefit or claim allowed and due to them, punishable by fine or up to one year of imprisonment. The fee and discipline rules are not suggestions; they are backed by VA's power to end a practice and by criminal law.

This is general information about the law, not legal advice about your situation. If you are unsure whether an agent's conduct violates the rules, consult an attorney.