VSO, Attorney, or a Claims Company: Who Should Help Me?

Start with a free VA-accredited Veterans Service Organization (VSO) representative; VSO representatives can't charge you for representation. If you want a paid representative, use a VA-accredited attorney or claims agent, who generally can charge only for work done after VA's initial decision on your claim, under a fee agreement filed with VA. Only accredited agents and attorneys may receive fees, so check anyone's accreditation on VA's search before you sign anything.

The three kinds of help

Free VSO representatives

Veterans Service Organizations are groups VA recognizes to represent veterans, and their accredited representatives help with claims and appeals at no cost. Under 38 C.F.R. § 14.636(b), only accredited agents and attorneys may receive fees; representatives of recognized organizations may not. You appoint a VSO with VA Form 21-22, the Appointment of Veterans Service Organization as Claimant's Representative.

A good VSO is the right first stop for most veterans: filing an initial claim, an increase, or a first review. Quality varies from office to office, so it's fair to ask how many cases a representative carries and how they'll keep you updated. If one isn't a good fit, you can appoint another.

Accredited attorneys and claims agents

VA accredits attorneys and claims agents individually. Attorneys are generally presumed fit based on good standing with a state bar, and claims agents must pass a written exam VA gives (38 C.F.R. § 14.629(b)). You appoint either one with VA Form 21-22a, the Appointment of Individual As Claimant's Representative.

The fee rules come from law and regulation:

• When they can charge. By statute, a fee generally can't be charged for services provided before you get notice of VA's initial decision on the claim (38 U.S.C. § 5904(c)(1)). The regulation applies the same rule (38 C.F.R. § 14.636(c)). That's why paid representation usually begins with a review or appeal, not with the first filing.
• How much. A fee of no more than 20 percent of past-due benefits awarded is presumed reasonable. A fee above 33 1/3 percent is presumed unreasonable (38 C.F.R. § 14.636(f)). Both presumptions can be rebutted.
• The agreement has to be filed. A direct-pay fee agreement must be filed with the VA office that decided the claim within 30 days of signing; other fee agreements go to VA's Office of the General Counsel within the same 30 days (38 C.F.R. § 14.636(g)). Get a copy and read it.

An attorney or agent can make sense for a denied claim, a complex appeal, or a Board or court case. Rep-facing detail is in fee agreements for accredited agents and attorneys.

Unaccredited claims companies and consultants

By statute, no one may act as an agent or attorney in the preparation, presentation, or prosecution of a VA claim unless VA has recognized them for that purpose (38 U.S.C. § 5901(a)). And under 38 C.F.R. § 14.636(b), only accredited agents and attorneys may receive fees for their services. A company that isn't accredited, charging you to work your claim, is outside those rules, however it describes itself ("consultant," "coach," "medical evidence service").

Red flags:

• A promised rating or a promised increase.
• A fee with no written agreement, or one they won't file with VA.
• A request for your VA.gov login or password.
• Payment before VA has made any decision.
• They won't tell you who is accredited, or no one there shows up on VA's accreditation search.
• Pressure to sign today.

How to check accreditation

Use VA's Office of the General Counsel accreditation search at va.gov/ogc/apps/accreditation. You can search by name for accredited attorneys, claims agents, and VSO representatives, and look up recognized VSOs. To find a representative near you, use VA's find-a-representative tool. If someone you're about to pay isn't listed, don't sign.

What VA Claim Commander is, and isn't

VA Claim Commander is software. It is not a VSO, not a law firm, and not a VA-accredited representative, and it does not represent veterans before VA. It reads your records and drafts documents you can bring to a representative; it doesn't file for you, give legal advice, or decide anything about your claim. For representation, go to a free VSO first.

Frequently asked questions

Should I use a VSO or a lawyer for my VA claim?

For most first claims, start with a free VA-accredited VSO representative. An accredited attorney or claims agent usually can't charge until after VA's initial decision, so paid representation tends to make the most sense for a denied claim, a complex appeal, or a Board or court case.

Are VA claim consultants legit?

Check the person, not the pitch. Only individuals VA has accredited may act as your agent or attorney on a claim, and only accredited agents and attorneys may receive fees. If a consultant isn't on VA's accreditation search, they have no lawful basis under VA's fee rules to charge you for working your claim.

How much do VA disability lawyers charge?

It's set by the fee agreement, but a fee of no more than 20 percent of past-due benefits is presumed reasonable, and a fee above 33 1/3 percent is presumed unreasonable (38 C.F.R. § 14.636(f)). Fees generally cover work done after VA's initial decision.

Do VSOs cost anything?

No. Representatives of VA-recognized service organizations may not charge you for representation on your claim.

How do I check if someone is VA-accredited?

Search their name on VA's Office of the General Counsel accreditation search. It lists accredited attorneys, claims agents, and VSO representatives. If they aren't listed, don't sign or pay.

Is VA Claim Commander a VSO or accredited representative?

No. VA Claim Commander is software, not a VSO, law firm, or accredited representative, and it does not represent veterans. You can use it to organize your records and evidence, then bring that to a free VSO.