How to Find a Good VSO (and Why You Should Not Pay to File Your First VA Claim)

The short version

VA accredits three kinds of people to help with your claim: Veterans Service Organization (VSO) representatives, attorneys, and claims agents. Accredited VSO representatives help for free. Attorneys and claims agents can charge fees, but generally only after VA has issued a decision on your initial claim, not to file it in the first place. Only accredited people can legally help you, and you can check anyone's status with VA's accreditation search. For a first claim, you usually do not need to pay to get help.

Source: VA.gov

Who is allowed to help with your VA claim?

Three kinds of accredited representatives: VSO representatives, accredited attorneys, and accredited claims agents. VA's Office of General Counsel accredits all three so claimants get responsible, qualified help. Here is the part that matters most: if someone is not accredited by VA, they cannot legally help you prepare, present, or prosecute a VA benefit claim. That rule exists to protect you.

Source: VA.gov

What is a VSO, and what does it cost?

A VSO representative can help you gather evidence, file a claim, request a decision review, and communicate with VA on your behalf. The services an accredited VSO representative provides on your VA benefit claim are free of charge. Veterans use VSO representatives more than any other type on initial claims. When you sign up, you usually appoint the organization as a whole using VA Form 21-22, then work with different representatives inside that organization without filing another form.

Source: VA.gov

Why should you not pay to file your first claim?

Because you generally do not have to. Accredited VSO representatives file initial claims for free, and accredited attorneys and claims agents are generally not permitted to charge for filing your initial claim. Most attorneys and agents step in after VA has made a decision, which is the stage where they are allowed to charge. So for a first claim, paying someone to file is usually unnecessary. Watch out for anyone who wants an upfront fee to file an original claim.

Source: VA.gov

When can an attorney or claims agent charge a fee?

Only after all three of these are true: VA made a decision on your initial claim, VA received a fee agreement signed by both you and the representative, and VA received your VA Form 21-22a appointing that attorney or claims agent. At that point they can help with a Supplemental Claim, a Higher-Level Review, or an appeal to the Board of Veterans' Appeals, and charge for it. Some attorneys and agents do work on initial claims for free, but most charge only after a decision.

Source: VA.gov

How much can an attorney or agent charge?

VA regulation sets guardrails. A fee of 20 percent or less of your past-due benefits is presumed reasonable, and a fee that exceeds 33 and one third percent of past-due benefits is presumed unreasonable. When a fee agreement has VA pay the representative directly out of your past-due benefits award, that direct-pay fee is limited to 20 percent. Before you sign anything, discuss the fee amount, how it gets paid, and what happens if you part ways.

Source: eCFR, 38 CFR 14.636

How do you find and check an accredited representative?

Use VA's tool to find a representative, and use the Office of General Counsel accreditation search to confirm someone is accredited before you sign. VA is clear that accreditation is only for representing claimants before VA. It does not mean the person is qualified to provide financial planning, and it cannot be used to market financial products or endorse a business. Confirm the status yourself; do not take a stranger's word for it.

Source: VA.gov

How do you spot a claim shark?

Same instincts that keep you off the bad car lot a mile from the gate apply here. Be wary of coaches or consultants who advertise help with VA claims and ask for money up front to file, especially if they dodge the question of whether they are accredited. If someone is not accredited, they cannot legally help you with a claim. You can report a problem to the Federal Trade Commission and to VA's Office of General Counsel.

Source: VA.gov

Do I have to pay to file a VA disability claim?

No. Filing is free, and an accredited VSO representative can help you prepare and file at no cost.

What is the difference between a VSO, an attorney, and a claims agent?

All three are accredited to represent you. VSO representatives work through recognized organizations and help for free. Accredited attorneys are members in good standing of a state bar. Accredited claims agents pass a VA exam on claims law. Attorneys and agents can charge fees once VA has decided your initial claim.

How do I appoint a representative?

Use VA Form 21-22 to appoint a VSO, or VA Form 21-22a to appoint an accredited attorney or claims agent. You can fill it out online or on paper and submit it to VA.

Can I switch representatives later?

Yes. You can discharge your representative at any time and for any reason, or appoint a new one, which replaces the current one. Tell the former representative right away.

How do I know if someone is accredited?

Look them up in VA's Office of General Counsel accreditation search before you sign anything. If they are not listed, they are not authorized to help with your claim.

What if an unaccredited person charged me to file?

You can report it. VA points veterans to the Federal Trade Commission's fraud reporting tool, and complaints there are shared with VA's accreditation program.

Where to get help

• Find and appoint an accredited representative or VSO: VA.gov.
• VA Office of General Counsel accreditation search: VA.gov.
• Report a problem to the Federal Trade Commission: ReportFraud.ftc.gov.
• Military OneSource for transitioning members and families: MilitaryOneSource.mil.

Verification Notes

• The fee presumptions (20 percent presumed reasonable, over 33 and one third percent presumed unreasonable) and the 20 percent direct-pay limit come from 38 CFR 14.636; re-verify the current regulation text before publish.
• The rule that fees can be charged only after an initial decision, with a signed fee agreement and VA Form 21-22a, comes from VA's accredited representative pages; confirm before publish.
• Some accredited attorneys and agents do provide free help on initial claims; the article notes this is the exception, not the norm.

Sources & links

• VA.gov: Get help from a VA accredited representative or VSO
• VA.gov: VA accredited representative FAQs
• VA.gov: Find a VA accredited representative or VSO
• VA.gov: Office of General Counsel accreditation search
• eCFR: 38 CFR 14.636, payment of fees

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