VSO representatives: Always free
VSO reps are prohibited by law from charging any fees. This includes initial claims, appeals, and all assistance. If anyone claiming to be a VSO asks for payment, that is a red flag.
Attorneys & claims agents: Fees allowed — with strict rules
Fees are only permitted after the VA issues an initial decision on your claim. Before that, all work must be free. Additional rules:
• A written fee agreement must be filed with the VA (included in the 21-22a process)
• Fees are typically a percentage of retroactive benefits (back pay) — commonly 20–33%
• Some attorneys charge flat fees or hourly rates instead
• The VA reviews fee agreements and can reject unreasonable fees
• You can challenge a fee you believe is unreasonable through the VA OGC
• Some accredited attorneys and agents provide free initial consultations and free help on initial claims
Important: No one — not an attorney, not a claims agent, not anyone — can legally charge you a fee for help with an initial VA claim before the VA issues a decision. If someone asks for upfront payment before your initial claim is decided, they may be violating federal law (38 U.S.C. § 5904).
Sources: 38 U.S.C. § 5904; 38 C.F.R. § 14.636; VA OGC Fee Fact Sheet.