Key takeaways
- Three types of accredited help exist: VSO representatives (always free), accredited attorneys, and accredited claims agents.
- Attorneys and agents can't charge for help before VA's first decision on a claim, and their fees are regulated.
- Anyone can be verified on VA's accreditation search.
What the law says
Federal law (38 U.S.C. § 5901) says no one may act as an agent or attorney in preparing, presenting, or prosecuting a VA benefits claim unless VA has recognized them. VA's Office of General Counsel (OGC) accredits individuals and keeps a public database.
The three accredited options
| VSO representative | Accredited claims agent | Accredited attorney | |
|---|---|---|---|
| Who | Represents a VA-recognized Veterans Service Organization | A non-attorney who passed VA's written exam and character review | A licensed attorney accredited by VA |
| Cost | Always free | No fee before VA's first decision on a claim, then regulated fees | Same rules as agents |
| Continuing education | Required | Required | Required |
| Can practice law? | No | No. Representation before VA only. | Yes |
VSOs do great work, and their help is free. Many veterans choose an agent or attorney after a denial, when they want dedicated, individualized attention on a complex review or appeal. Fees for agents and attorneys are typically a percentage of past-due benefits, and fees of 20% or less are presumed reasonable (38 CFR § 14.636).
What's a "claim shark"?
"Claim shark" is the nickname for unaccredited companies that charge veterans, often thousands of dollars or a percentage of future monthly benefits, for help with initial claims or increases. Some call themselves "consultants" or "coaches." Red flags include:
- They aren't listed in VA's accreditation database.
- They charge fees for help with an initial claim, or ask for a share of your ongoing monthly payments.
- They ask for your VA.gov login or want to file using your credentials.
- They guarantee a rating or promise a specific percentage increase.
- They push you to see their "preferred" doctors for a fee as part of a package.
Troy Horne is a VA-accredited claims agent. Look him up on VA.gov, then start a free review.
How to verify any representative in 60 seconds
- Go to VA's OGC Accreditation Search.
- Choose Attorney, Claims Agent, or VSO Representative.
- Search the person's last name. Search the individual's name, not the company.
- Confirm the listing matches the person you're working with.
Where we fit
Advocates for Benefits is led by Troy Horne, a VA-accredited claims agent and disabled veteran. We're not a law firm, and we don't practice law. We represent you before VA under a signed VA Form 21-22a. Our fee for VA matters is 20% of past-due benefits, only if we win, and never for help with a claim before VA's first decision on it. See Fees.
Sources
VA OGC: Accreditation search · VA: Accredited representatives · 38 CFR 14.636 · Congress.gov: H.R. 1732
This article is general information, not legal advice. VA and SSA rules change; verify current rules with VA.gov or SSA.gov or talk to an accredited representative.