Why it matters for your claim
A representative can help gather evidence, prepare a claim, explain a decision, and present arguments to VA. You can also pursue your own claim. The useful question is what help you need and whether the person offering it is authorized and qualified to provide that help.
Accreditation belongs to an individual; a company's advertising is not enough to establish the credentials of the person handling your case. A business name, veteran-owned label, or state law license does not by itself prove VA accreditation. Use VA's own representative search and appointment guidance.
The three main types
Veterans Service Organization (VSO) representative. This person is accredited through a VA-recognized organization. Representation on your VA benefit claim is free. You generally appoint the organization, so more than one of its accredited representatives may help with the case.
Accredited attorney. This is a lawyer who has also obtained VA accreditation. Some provide free assistance on initial claims. Many work on disputed decisions and charge fees only when the applicable rules allow them.
Accredited claims agent. This person is not an attorney but has met VA's accreditation requirements, including an examination on VA law and procedures. An accredited agent can represent you before VA and may charge permitted fees.
VA's representative FAQs describe these roles. The qualification rules appear in 38 CFR 14.629. For appeals, 38 CFR 20.5 separately protects the right to representation throughout the appeal.
Check credentials, then appoint the representative
Search the actual person's name in VA's Office of General Counsel accreditation directory. Match the representative type and identifying details. If a company says that a different accredited professional supervises the work, ask who will be appointed and who is responsible for your claim.
Contact the representative before completing appointment paperwork. Confirm that they are accepting your type of case, which issues they will handle, who will communicate with you, and how you will receive copies of submissions and decisions. Accreditation does not guarantee availability or a particular result.
VA uses Form 21-22 to appoint a recognized VSO and Form 21-22a to appoint an accredited attorney or claims agent. VA's appointment page provides the current online and paper options. Accreditation makes a person eligible to represent claimants; your appointment authorizes representation in your case.
When fees are allowed
For modernized VA claims, accredited attorneys and agents generally may charge for representation after VA has issued notice of an initial decision on the claim, provided the appointment and fee-agreement requirements are met. There are additional rules for older cases and particular proceedings. 38 CFR 14.636 governs these fees.
Read the written agreement before signing. Identify the work covered, the percentage or other payment method, who pays expenses, and what happens if you change representatives. A rule allowing VA to pay certain fees directly from past-due benefits is not a universal maximum fee for every agreement.
Claim Raven's guide to disability lawyers and fees discusses that decision in more detail. The claims-help guide compares assistance options, and the appeals guide explains the review stages where representation may be useful.
Changing representatives and court cases
VA says you can discharge your accredited representative or appoint a replacement. Tell the former representative when you make the change and check the effect of any existing fee agreement. Ending an appointment does not necessarily resolve a separate dispute about payment for work already performed.
Representation before the Court of Appeals for Veterans Claims is a separate matter. The court has its own admission and practice rules. If you are considering court review, confirm that your representative will handle it and is authorized to do so; do not assume the VA appointment files the court appeal.
Common mistakes
- Checking the firm's marketing while never verifying the assigned person's accreditation.
- Assuming an accredited representative is automatically assigned when you file a claim.
- Signing an agreement without understanding fees and separate expenses.
- Believing a representative can guarantee approval, a percentage, or a completion date.
Questions veterans ask
Are VSO representatives free?
Yes. VA says their services on VA benefit claims are always free. Accredited attorneys and agents operate under different fee rules.
Is every lawyer VA accredited?
No. A state bar license and VA accreditation are separate qualifications. Check VA's directory even if the person is already licensed to practice law.
Claim Raven explains VA rules in plain English so you can work your own claim. It is not legal advice, and Claim Raven is not affiliated with the Department of Veterans Affairs. Browse every VA term.