By N. Albert Bacharach, Jr. — U.S. Department of Veterans Affairs accredited attorney (Accreditation No. 14363; VA POA Code 4EQ), Florida Bar No. 209783. Fifty years representing veterans nationwide.
Quick answer: Nothing up front. Consultations are free, and federal law only allows a VA-accredited attorney to charge a fee if your claim reaches the appeal stage — typically 20% of the past-due benefits you recover, which is the percentage federal regulation presumes reasonable. The fee is usually paid by the VA directly out of your retroactive award, so you never write a check. If your case goes to federal court and you win, the government may also be ordered to pay your attorney fees under the Equal Access to Justice Act.
When a Lawyer May Charge a Fee at All
Under 38 U.S.C. § 5904 and 38 C.F.R. § 14.636, an accredited attorney may not charge for helping you file an initial claim. Fees are permitted only after the VA has issued a decision and you begin challenging it. That is why reputable veterans lawyers offer free consultations — the law is built so that a veteran can get a claim on file without paying anyone.
The 20% Contingency
Most VA disability fee agreements are contingency agreements: the attorney is paid only if you win, from the past-due (retroactive) benefits the VA owes you. A fee of 20% or less is presumed reasonable by regulation. Fees above 33 1/3% are presumed unreasonable. With a direct-pay agreement, the VA withholds the fee from the retroactive award and pays the attorney directly — your future monthly benefits are never touched.
Court Appeals and EAJA
If your case is appealed to the U.S. Court of Appeals for Veterans Claims and you prevail, the Equal Access to Justice Act, 28 U.S.C. § 2412, allows the court to order the government to pay your reasonable attorney fees — separate from, and often offsetting, any contingency fee.
The Bottom Line
At our firm the evaluation of your VA disability claim is free, and there is no attorney’s fee on VA disability matters unless you win. There is no risk and no obligation in finding out where you stand.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case is different.
Related Reading
- VA disability claims representation
- what to do if the VA denied your claim years ago
- how we handle a claim from first call to decision
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