38 CFR §14.636
Payment of Fees for Representation
The federal rule that controls what an accredited agent or attorney may charge a veteran.
Read the official text of 38 CFR §14.636In plain English
Fees are not a free-for-all. This section controls when a fee may be charged at all, how much is presumed reasonable, and how it is paid.
No fee may be charged for work on an initial claim before the VA issues its first decision. A fee may only be charged after that decision, when the veteran seeks review of it — which is why accredited representation is generally focused on denied and under-rated claims.
A contingent fee of 20 percent of past-due benefits is presumed reasonable, and the VA can be directed to pay it out of the back pay award. If there is no recovery, there is no fee.
What the rule actually requires
- No fee may be charged for services provided before the VA issues its initial decision on a claim.
- A contingent fee of 20 percent of past-due benefits is presumed reasonable.
- Fee agreements must be filed with the VA.
- The VA may pay an approved contingent fee directly from the past-due benefits award.
Why this matters to your claim
This is why a legitimate accredited practice never asks for money up front. Anyone charging a flat fee to file your first claim is operating outside this rule.
This is our plain-English summary, written for veterans — it is not the regulation itself and it is not legal advice. The controlling text is the current official version, linked above. The VA makes all final decisions about eligibility and payment.
Official text of 38 CFR §14.636
