Path 3: Working with a VA-Accredited Claims Attorneys or Claims Agent
Veterans who work with VA-accredited claims attorneys grant them the right to “prepare, present and prosecute” claims on their behalf. This means that, like VSOs, claims attorneys must be VA-accredited representatives. Unlike VSOs, however, attorneys and agents charge for their services.
The Claims Attorney Path
If you’re a Veteran filing a disability claim with the Veterans Affairs (VA), you may choose to work with an accredited claims attorney or claims agent. Like Veterans Service Organizations (VSOs), claims attorneys and claims agents are VA-accredited, and you give them permission to file your claim and to access your records.
Unlike VSOs, accredited claims attorneys rarely, if ever, provide their services for free. Legally, they can only charge you after you’ve filed an initial claim. For this reason, most claims attorneys only work with clients who are appealing their decisions or filing supplemental claims.
How Do Accredited Claims Attorneys Support a VA Claim?
Some accredited attorneys will assist with filing an initial disability claim. However, attorneys are much more likely to focus their services on helping clients through the appeals process after a claim has been denied or underrated.
Claims attorneys can help Veterans gather additional evidence that may not have been included in the initial claim. They can also help build a case for a supplemental claim, a higher-level review, or an appeal to the Board of Veterans’ Appeals. If the veteran continues to be denied after these steps, attorneys can help them with additional ‘last ditch’ efforts to claim their rightful benefits.
What is an Accredited Claims Agent?
Veterans may also choose to work with non-attorney accredited claims agents. These representatives have a more difficult path towards accreditation than attorneys do, and even after achieving this status they 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.
You can find Accredited Attorneys and Claims Agents at the VA’s “Accreditation Search” page.
Do Claims Attorneys Work with Medical Evidence?
If you’re considering working with an accredited attorney or claims agent, it helps to consider their outlook on the importance of medical evidence.
For many reasons, attorneys may not be very involved in your effort to gather medical evidence in support of your claim. Some lack the medical expertise that can lead to an accurate rating. Some who are less ethical may recognize that providing the most complete and accurate medical evidence may put an end to the services for which they can charge you. (Put simply, it can work in attorneys’ favor when the VA does not get your claim decision right the first time.)
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.
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 should consider whether 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?
