Path 3: The Accredited Attorney Path for VA Claimants; working with VA-Accredited Attorney or Claims Agent
Veterans filing VA disability claims may choose to work with a VA-accredited attorney or claims agent. These professionals are authorized to “prepare, present, and prosecute” claims on behalf of Veterans. Unlike Veterans Service Organizations (VSOs), accredited attorneys and agents charge for their services, but their expertise can be invaluable, particularly for appeals and complex claims.
The Claims Attorney Path
If you’re filing a VA disability claim, an accredited claims attorney offers professional guidance. Like VSOs, these attorneys must hold VA accreditation to access your records and represent you. However, attorneys typically charge fees for their services, often assisting Veterans with appeals or supplemental claims rather than initial filings.
How Accredited Claims Attorneys Support a VA Claim
Accredited attorneys specialize in navigating the appeals process. They:
- Help gather additional evidence for denied or underrated claims.
- Build strong cases for supplemental claims or Higher-Level Reviews.
- Represent Veterans before the Board of Veterans’ Appeals or other higher courts when necessary.
Attorneys often step in when initial claims are denied, providing critical support to Veterans seeking rightful benefits.
What is an Accredited Claims Agent?
Non-attorney claims agents also hold VA accreditation and can assist Veterans through the claims process. Unlike attorneys, claims agents cannot act as the attorney of record in VA court appeals, but they are trained to provide representation for claims and appeals.
Accredited claims agents often take a more focused approach to medical evidence, helping Veterans strengthen their cases before submission or during the appeals process.
Do Claims Attorneys Work with Medical Evidence?
Medical evidence plays a vital role in VA claims, yet many attorneys may not prioritize it.
- Lack of medical expertise: Some attorneys may not understand how to develop accurate medical evidence for VA claims.
- Ethical concerns: In rare cases, attorneys may delay resolution to extend services and fees.
Veterans should carefully vet attorneys or claims agents to ensure they understand the importance of complete and accurate medical evidence in securing proper ratings.
How Much Do Claims Attorneys and Agents Charge?
The attorney fees that follow a successful, but lengthy appeal can be shockingly large. Consider: if the VA increases your disability rating after an appeal, you could receive a large sum in backpay, especially if your case was filed inefficiently or was drawn out. In some cases, attorneys may charge fees of up to one-third of this back pay. What’s more, if the claim is denied after going through the appeals process, the attorney may still charge a fee.
- Fee Structure: Attorneys typically charge up to one-third of back pay following a successful appeal.
- Hidden Costs: Some may charge fees even if a claim is denied after appeals.
Before hiring, ask about their reputation, fee transparency, and ability to build strong cases with solid medical evidence.
You may choose to add a non-attorney claims agent who is focused on medical evidence to make your appeal or supplemental claim as successful as possible. However, this can add to the fees you must pay, as there are more people to pay for services provided.
Before hiring an Attorney or a claims agent, you may consider if they are worthy of your trust. Do they have a reputation for winning cases? Do they have the skills and motivation to tell your complete medical story? Do you fully understand the fees they will charge?
As a veteran, you have the power to choose the right path for your benefits journey.
At Trajector Medical, we are committed to supporting veterans with ethical, accredited, and professional services designed to improve their quality of life. Learn more about how we can help you. Start your FREE Consultation today!
Next Path: The Claim Shark trap for VA Claimants
Related FAQs
What is an Accredited Claims Agent?
Non-attorney accredited claims agents can only assist the Veteran in the claims process. These agents cannot serve as the attorney of record in the VA’s court of appeals.
Do Claims Attorneys Work with Medical Evidence?
Attorneys may not be very involved in your effort to gather medical evidence in support of your claim. Some lack medical expertise, and less ethical ones may think that providing complete and accurate medical evidence may put an end to the services for which they can charge you.