Free · for accredited representatives · 38 CFR 14.636
VA Fee Calculator for Attorneys and Claims Agents
An accredited attorney or claims agent may charge a fee only for representation after VA's initial decision, and it comes out of past-due benefits. A fee of 20% or less of past-due benefits is presumed reasonable; above 33⅓% is presumed unreasonable. VA pays the fee directly only when it is 20% or less, and then keeps an assessment of 5% of the fee, never more than $100 (38 CFR 14.636).
- § 14.636(f) presumptions
- Direct-pay 20% limit
- 5% assessment, $100 cap
- Not legal advice
- Fee
- $6,000.00
- VA assessment (5%, max $100.00)
- −$100.00
- To the representative
- $5,900.00
- The veteran keeps
- $24,000.00
Presumed reasonable: 20% or less of past-due benefits, if representation continued through the decision awarding benefits (38 CFR 14.636(f)(1)).
How it works
The fee rules, in order
- No fee before the initial decision. Fees attach only to representation after VA's notice of the initial decision (38 CFR 14.636(c)(1)(i)).
- Reasonableness. 20% or less of past-due benefits is presumed reasonable; above 33⅓% is presumed unreasonable (14.636(f)(1)).
- Direct pay. VA withholds and pays the fee only at 20% or less, under a direct-pay agreement, and keeps a 5% assessment capped at $100 (14.636(h)(1)).
- Filing. File the agreement within 30 days of signing: direct-pay with the deciding VA office, others with VA's Office of the General Counsel (14.636(g)).
Commander for Advocates tracks each client's power of attorney, fee agreement, filing deadline and fee ledger in one place. See how it works. Also free: the decision-review deadline calculator and the fee agreement guide.
Questions
Common questions about VA representative fees
- How much can a VA-accredited attorney or claims agent charge?
- Any fee must be reasonable. Under 38 CFR 14.636(f)(1), a fee of no more than 20% of past-due benefits is presumed reasonable if the representation continued through the decision awarding benefits, and a fee above 33⅓% is presumed unreasonable. Between those, VA looks at the factors in 14.636(e), such as the complexity of the case and the time spent.
- When can a representative start charging a fee?
- Only for representation provided after the agency of original jurisdiction has issued notice of its initial decision on the claim (38 CFR 14.636(c)(1)(i); 38 U.S.C. 5904(c)(1)). Help preparing and filing the first claim cannot be charged for.
- What is VA's 5% assessment on attorney fees?
- When VA pays a fee directly out of past-due benefits, it keeps an assessment equal to 5% of the fee, but never more than $100 (38 CFR 14.636(h)(1)). For example, a 20% fee on $30,000.00 of past-due benefits is $6,000.00; 5% would be $300.00, so the $100 cap applies and the representative receives $5,900.00.
- When will VA pay the fee directly?
- Only when the fee agreement provides for it and the total fee, excluding expenses, is no more than 20% of the past-due benefits awarded (38 CFR 14.636(h)(1)). Otherwise the representative collects the fee from the claimant.
- Where is a fee agreement filed, and by when?
- Within 30 days of signing. A direct-pay fee agreement is filed with the VA office that decided the claim (the agency of original jurisdiction); any other fee agreement is filed with VA's Office of the General Counsel (38 CFR 14.636(g)(2)–(3)).
- What counts as past-due benefits?
- The lump sum of recurring payments that accrued between the effective date of the award and the date VA, the Board, or a court granted it, on a claim granted on appeal or readjudicated after a denial (38 CFR 14.636(h)(3)). Ongoing monthly payments after the grant aren't part of it.
An arithmetic aid, not legal advice. VA decides whether a fee is reasonable and how much is paid. Verify against the current text of 38 CFR 14.636.
Run the whole caseload in one place.
POA, fee agreements, deadlines and the fee ledger for every client, with the C-file read for you.
Not affiliated with or endorsed by the Department of Veterans Affairs. VA Claim Commander is not a VSO, law firm, or accredited representative.