What Is a Reasonableness Review

5. Reasonableness Review of Fees by the Office of General Counsel (OGC)

Introduction

This topic contains information on OGC agent or attorney fee reasonableness reviews, including

• what is a reasonableness review
• time limit for requests for reasonableness review and prohibition on releasing fees
• referring a party's statements to OGC for consideration of reasonableness review
• OGC fee review request received notice
• process for controlling EPs pending OGC reasonableness review, and
• reasonableness review follow-up.

Change Date

June 4, 2026

8.B.5.a. What Is a Reasonableness Review

A reasonableness review is an analysis and determination by OGC on a reasonable allocation of fees for a specific case. Reviews are initiated at the request of any party (defined as the claimant/appellant, or any agent or attorney who represented the claimant or appellant in the case) who disagrees with the default allocation of fees described in the Fee Allocation Notice. OGC may also conduct a reasonableness review on its own initiative.

A party that disagrees with a direct payment eligibility determination may only appeal to the Board of Veterans' Appeals, as explained in M21-5, Chapter 8, Section B, 4.a. However, a reasonableness review decision may address the issue of fee eligibility if no other agency of original jurisdiction has made a determination on that issue.

A request for a reasonableness review is appropriate when any party believes that:

• one or more agents or attorneys being allocated a fee did not earn that fee
• the fee is too high or too low, or
• the fee is otherwise unreasonable.

Important: Unauthorized representation and solicitation of fees by unaccredited attorneys or agents are serious matters and should be reported to OGC. Indications of predatory practices, fraud, or otherwise unlawful acts by representatives may also be reported to the OIG Hotline.

Reference: For more information on

• requests for reasonableness review, see 38 CFR 14.636(i) and the OGC Fact Sheet " How to Challenge a Default Fee Allocation," and
• factors considered in determining whether fees are reasonable, see 38 CFR 14.636(e), and
• VA's authority to consider contractual terms of the fee agreement when making a reasonableness review, see Cox v. McDonough, 34 Vet.App. 112 (2021).

8.B.5.b. Time Limit for Requests For Reasonableness Review and Prohibition on Releasing Fees

Parties have 60 days after the Fee Allocation Notice to request an OGC reasonableness review. Requests must be filed with OGC. However, if a claimant's wr itten request is misfiled at the AOJ, the AOJ should refer such a request to OGC as provided in M21-5, Chapter 8, Section B.5.c.

AAFCs must review the eFolder to determine if a reasonableness review request has bee n filed t o OGC (or misfiled to the AOJ by the claimant) prior to releasing fees. Once a reasonableness review request is filed, fees cannot be released until a decision is issued by OGC.

Agents and attorneys are expected to follow the instructions of 38 C.F.R. § 14.636(i) and the Fee Allocation Notice to file reasonableness review requests with OGC directly. Once the 60-day due process period has expired, do not delay releasing fees based on a statement from an agent or attorney misfiled at the AOJ if no OGC Fee Review Request Received memorandum has been uploaded to the eFolder. 0

References: For more information on the OGC Fee Review Request Received memorandum, see M21-5, Chapter 8, Section B, 5.d.

8.B.5.c. Referring a Claimant's Written Statements to OGC for Consideration of Reasonableness Review

Although 38 CFR 14.636(i) requires that a party file a request for reasonableness review with OGC, refer the case to OGC for consideration of a reasonableness review when a claimant submits a written statement to the AOJ

• requesting review of the fee's allocation
• requesting review of a fee’s reasonableness, or
• communicating that
• the agent or attorney fee amount or percentage is too high or unreasonable
• the agent or attorney did not earn the fee called for in the fee agreement
• the agent or attorney should be paid for fees only until the date the representation was revoked, or
• the claimant does not want to pay the agent or attorney.

The examples in this list are not exclusive. For example, a document styled as an appeal in response to a RO decision finding an agent or attorney eligible for fees may also state, or be reasonably read as stating, that the claimant desires a reasonableness review.

Refer a claimant's statements by sending an email to OGC-FeeReviewRequests@va.gov explaining that the AOJ has received written communication from the claimant that is a possible request for reasonableness review, and include

• the written communication from the party interpreted as a reasonableness review request, and
• a copy of all applicable Fee Allocation Notices.

AAFCs must upload a copy of the email to OGC into the eFolder. After referring the claimant's statements to OGC, follow the procedures in M21-5, Chapter 8, Section B, 5.e. Do not release fees until OGC issues a decision on the reasonableness review.

The Board may also determine that an OGC reasonableness review is required in remand instructions. Submit these to OGC by sending an email to OGC-FeeReviewRequests@va.gov explaining that the Board has remanded the issue for reasonableness review, and include

• a copy of the Board remand, and
• a copy of the applicable Fee Allocation Notice.

Important:

• This section only applies to statements from claimants. Do not forward to OGC statements from agents or attorneys challenging a Fee Allocation Notice. Agents and attorneys are expected to follow the instructions of 38 C.F.R. § 14.636(i) and the Fee Allocation Notice to file with OGC directly.
• This section only applies to written statements. If a claimant disputes a fee in a phone call, instruct the claimant in the phone call or send a letter to the claimant advising them that they must submit their request directly to OGC per the instructions on the How to Challenge a Default Fee Allocatio n attachment of the Fee Allocation Notice.
• Do not refer the case for a reasonableness review solely on the basis that the fee agreement specifies a fee greater than 20 percent. The intent of this block is to provide guidance on when statements received from the claimant should be referred to OGC so they can make the determination on whether reasonableness review is appropriate.

Notes:

• VA will not honor any request to split fees in any manner except one of the two default fee allocations, or as directed by OGC or the Board of Veterans' Appeals. However, all parties are free to reach an agreement among themselves and re-allocate the fee after release and receipt in lieu of submitting a request for reasonableness review. VA does not need to be informed if the parties come to an agreement.
• OGC may receive from the parties an agreement on how to split fees. If OGC determines the agreement between the parties is satisfactory, they will upload a document to the eFolder directing VA to release fees in accordance with the agreement. In this situation, AAFCs must follow OGC's direction and release fees per the parties' agreement.

References: For more information on

• the RO process for referring misfiled claimant's request for reasonableness review, see M21-5, Chapter 8, Section B, 5.e, and
• the requirements for direct payment of fees and handling cases where an agreement shows a fee of greater than 20 percent, see M21-5, Chapter 8, Section A, 1.e.

8.B.5.d OGC Fee Review Request Received Notice

OGC will upload to the eFolder an OGC Review Request Received memorandum upon receipt of a reasonableness review request. The memorandum will be uploaded to the eFolder with the DOCUMENT TYPE Appeals: Office of General Counsel Appeal and a subject of Hold funds - OGC fee review request received.

Once the OGC Fee Review Request Received memorandum has been identified in the eFolder, follow the procedures in M21-5, Chapter 8, Section B, 5.e. Do not release fees until OGC issues a decision on the reasonableness review.

8.B.5.e Process for Controlling EPs Pending OGC Reasonableness Review

The table below shows the process for placing the attorney fee EP 400-Attorney Fee Memo (AFM) in suspense pending OGC's determination on reasonableness of fees.

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8.B.5.f Reasonableness Referral Follow-Up

OGC decides reasonableness reviews based upon the date that OGC received the request for review (or the date VBA forwarded a misfiled claimant's request to OGC). As such, AAFCs should not send any status requests to OGC unless the referral date is prior to the date published in the monthly Agent and Attorney Fee Call Bulletin (provided monthly by OGC).

The table below describes what actions to taken when an AAFC receives a case based on expiration of the 60-day referral to OGC suspense period.

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