What must a VA fee agreement include?

The name of the veteran; the name of the claimant or appellant if not the veteran; any disinterested third-party payer and that payer's relationship to the veteran or claimant; the VA file number; and the specific terms for determining the fee. It must be in writing, signed by both sides, and state clearly whether VA is to pay the fee directly (38 CFR 14.636(g)).

Where do I file a VA fee agreement?

Within 30 days of signing. A direct-pay agreement goes to the VA office that decided the claim (the agency of original jurisdiction); any other agreement goes to VA's Office of the General Counsel (38 CFR 14.636(g)(2)–(3)).

When will VA pay my fee directly?

Only if the total fee (excluding expenses) is no more than 20% of past-due benefits, the fee is contingent on a favorable result, you are accredited on the date of VA's fee allocation notice, and the award produces a cash payment the fee can be taken from (38 CFR 14.636(h)(1)).

What happens if the fee agreement is missing something?

VA can find it doesn't meet 14.636(g), and a direct-pay fee can be held up until it's corrected. Check every item before you sign and file, and keep proof of the filing date.

Free · for accredited representatives · 38 CFR 14.636

VA Fee Agreement Checklist

A VA fee agreement must be in writing, signed by both the claimant and the agent or attorney, and must name the veteran, any other claimant, any disinterested third-party payer, the VA file number, and the specific terms for the fee. It must say whether VA pays the fee directly, and it must be filed within 30 days of signing (38 CFR 14.636(g)).

§ 14.636(g)(1) contents
Direct-pay conditions (h)(1)
30-day filing
Not legal advice

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Run the numbers with the VA fee calculator, calendar the review deadlines with the appeal deadline calculator, and read the full fee agreement guide. Commander for Advocates drafts the agreement with these elements filled from the client record and tracks the 30-day filing date. See how it works.

Questions

Common questions about VA fee agreements

What must a VA fee agreement include?: The name of the veteran; the name of the claimant or appellant if not the veteran; any disinterested third-party payer and that payer's relationship to the veteran or claimant; the VA file number; and the specific terms for determining the fee. It must be in writing, signed by both sides, and state clearly whether VA is to pay the fee directly (38 CFR 14.636(g)).
Where do I file a VA fee agreement?: Within 30 days of signing. A direct-pay agreement goes to the VA office that decided the claim (the agency of original jurisdiction); any other agreement goes to VA's Office of the General Counsel (38 CFR 14.636(g)(2)–(3)).
When will VA pay my fee directly?: Only if the total fee (excluding expenses) is no more than 20% of past-due benefits, the fee is contingent on a favorable result, you are accredited on the date of VA's fee allocation notice, and the award produces a cash payment the fee can be taken from (38 CFR 14.636(h)(1)).
What happens if the fee agreement is missing something?: VA can find it doesn't meet 14.636(g), and a direct-pay fee can be held up until it's corrected. Check every item before you sign and file, and keep proof of the filing date.

A checklist, not legal advice. Verify against the current text of 38 CFR 14.636 before you sign or file.

Draft it from the client record.

Commander for Advocates fills the agreement's required elements from the client file and tracks its filing deadline.

Commander for Advocates

Not affiliated with or endorsed by the Department of Veterans Affairs. VA Claim Commander is not a VSO, law firm, or accredited representative.