Veterans Claims — No Win No Fee
VA-accredited attorneys and claims agents can represent veterans on a contingency fee basis for disability claims and appeals. Fees are regulated under 38 U.S.C. § 5904 and 38 C.F.R. § 14.636: a fee of 20% or less of past-due benefits is presumed reasonable, and this does not vary by forum.
How Does the VA Disability Claims Process Work?
Direct Answer: Veterans file disability claims with the Veterans Benefits Administration. Under 38 C.F.R. § 14.636, a representative's fee is presumed reasonable at 20% or less of past-due benefits and presumed unreasonable above 33⅓% — the same standard regardless of forum, not a hard cap that changes between the Board of Veterans' Appeals and court. No fee at all may be charged until the VA regional office issues its 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.
Representative Fee Restrictions
Under 38 U.S.C. § 5904, a representative — attorney or VA-accredited non-attorney claims agent — may only charge a fee for VA representation after the VA regional office (the agency of original jurisdiction) has issued its initial decision on the claim. No Board of Veterans' Appeals decision is required to reach this point. This means a fee cannot be charged for filing and pursuing the initial claim, but can be charged for appeals and other post-decision representation.
Fees must be "reasonable," and 38 C.F.R. § 14.636 sets out a rebuttable presumption to judge that: a fee of 20% or less of past-due benefits is presumed reasonable, and a fee over 33⅓% is presumed unreasonable. Either presumption can be rebutted with evidence about the specific case, and the standard is the same whether the representation is before the VA, the Board of Veterans' Appeals, or the Court of Appeals for Veterans Claims — there is no separate, lower cap for one forum and higher cap for another. VSO representatives, a third accredited category alongside attorneys and claims agents, cannot charge a fee at any stage.
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.
Frequently Asked Questions
You May Also Be Interested In
Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 3 September 2026.
- 38 C.F.R. § 14.629 — VA accreditation of representatives
Accreditation has three categories — VSO representative, non-attorney claims agent, and attorney — each may represent a veteran before the VA. Fees for VA claims are restricted; 38 U.S.C. § 5904 bars fees before the VA regional office's initial decision, not a Board of Veterans' Appeals decision.
- 38 C.F.R. § 14.636 — Payment of fees for representation
Sets a rebuttable presumption, not a hard cap: a fee of 20% or less of past-due benefits is presumed reasonable, a fee over 33⅓% is presumed unreasonable, and either presumption can be rebutted with evidence. The same standard applies regardless of forum — it is not split between a lower rate at the Board of Veterans' Appeals and a higher rate in court.
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
- Cornell LII — contingency fee
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 3 September 2026. Next review due 3 March 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.