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How VA disability attorney fees work

Fees are regulated. Accredited attorneys may not charge before the initial decision. After that, fees are normally a percentage of past-due benefits.

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Can an attorney charge before the VA makes a decision?

No. Accredited attorneys and agents may not charge for work performed before the VA's initial decision on a claim (38 U.S.C. § 5904(c)(1)). Veterans Service Organizations are always free.

How are fees calculated after a decision?

Fees are usually contingent on past-due benefits. A fee of 20% or less is presumed reasonable. A fee over 33⅓% is presumed unreasonable (38 C.F.R. § 14.636). When the fee is 20% or less, the VA can pay the attorney directly from the veteran's back pay. No back pay usually means no fee.

Any fee is set in a written agreement between you and the law firm, not by VA Disability Help.

What does a 20% fee look like on paper?

Illustration only; your situation will differ.

Using the 2026 monthly rate for a veteran alone at 70% ($1,808.45) and assuming 12 months of back pay:

Rates are effective December 1, 2025, and will next adjust on December 1, 2026 (VA.gov rates table). Actual back pay depends on the effective date, rating, and dependents. The firm and you agree on the exact fee in writing.

Are there free alternatives?

Yes. Accredited Veterans Service Organizations provide free representation. You can find one at VA.gov or on the free help page.

Frequently asked questions

Do I pay anything up front?
No. The firm does not charge a retainer for this type of case. Fees, if any, come from past-due benefits under a written agreement.
What if there is no back pay?
No back pay usually means no fee. The written agreement will state the terms.
Who sets the fee percentage?
The law firm and you agree in writing. VA Disability Help does not set fees. Twenty percent or less is presumed reasonable by VA regulation.
Can the VA pay the attorney directly?
Yes, when the fee is 20% or less of past-due benefits (38 C.F.R. § 14.636).

See if a law firm can review your VA decision

Takes about 2 minutes. There is no charge to request a review.

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Claimant attestation

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Service-connected conditions (check all that apply)
Toxic exposure (check all that apply)
Do your service-connected conditions keep you from working?
Do you need help with daily activities, or have loss of use of a limb or sight?
Have you paid or signed with a 'claims consultant' who is not an attorney?
Were you harmed by care at a VA facility?
Are you a military retiree?
Claimant attestation
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