Veterans Claims — No Win No Fee
VA-accredited attorneys can represent veterans on a contingency fee basis for disability claims and appeals. Fees are regulated under 38 U.S.C. § 5904 and typically range from 20% to 33⅓% of past-due benefits recovered.
How Does the VA Disability Claims Process Work?
Direct Answer: Veterans file disability claims with the Veterans Benefits Administration. Attorney fees are capped at 20% (BVA level) or 33⅓% (federal court) of past-due benefits under 38 CFR § 14.636. Attorneys cannot charge fees until after the initial decision — making the process effectively no-cost to the veteran at the start.
Veterans file disability compensation claims with the Veterans Benefits Administration (VBA). The VA evaluates the evidence, determines whether the condition is "service-connected," assigns a disability rating from 0% to 100% (in 10% increments), and calculates monthly compensation based on the rating and number of dependents.
Attorney Fee Restrictions
Under 38 U.S.C. § 5904, attorneys may only charge fees for VA representation after the VA has issued an initial decision on the claim. This means attorneys cannot charge for filing the initial claim but can charge for appeals and post-decision representation. Fees must be "reasonable" and are subject to review by the VA. The typical fee is 20% to 33⅓% of past-due benefits (the lump sum of back payments from the filing date to the approval date).
Appeals Under the AMA
The Appeals Modernization Act (AMA), effective February 2019, replaced the legacy appeals system with three review lanes:
- Supplemental Claim — submit new and relevant evidence for reconsideration
- Higher-Level Review — a senior reviewer re-examines the existing evidence (no new evidence)
- Board of Veterans' Appeals (BVA) — appeal to a Veterans Law Judge with options for a hearing, evidence submission, or direct review
Court of Appeals for Veterans Claims
If the BVA denies a claim, the veteran may appeal to the US Court of Appeals for Veterans Claims (CAVC), an Article I court that reviews BVA decisions. Further appeals go to the US Court of Appeals for the Federal Circuit.