Information Every Veteran Should Know Before Choosing a Representative

Choosing someone to assist with your VA disability claim is one of the most important decisions you will make. A knowledgeable representative can help you understand the claims process, identify evidence that may strengthen your claim, and represent you before the Department of Veterans Affairs (VA).

Whether you choose a Veterans Service Organization (VSO), accredited Claims Agent, accredited Attorney, or decide to represent yourself, understanding your options will help you make an informed decision.

Step 1: Verify VA Accreditation

In most situations, an individual must first be accredited by VA before assisting a claimant with the preparation, presentation, or prosecution of a claim for VA benefits—even if no fee is charged.

VA accredits three types of representatives:

• Representatives of VA-recognized Veterans Service Organizations (VSOs)

• Accredited Claims Agents

• Accredited Attorneys

Always verify an individual's accreditation before allowing them to assist with your claim.

Search the VA Accreditation Database

(Insert VA accreditation search link)

Remember:

• VA accredits people, not companies.

• A company itself cannot become an accredited attorney or claims agent.

• Accreditation does not guarantee quality, but it does mean the representative is subject to VA's accreditation requirements and standards of conduct.

Unaccredited Individuals & Organizations

Always verify both the individual and the organization.

Some unaccredited individuals advertise online, through social media, television, seminars, or direct mail. Others may contact veterans directly.

Some companies describe themselves as:

• Consultants

• Coaches

• Educational companies

• Benefits advisors

• Medical consultants

• Claims experts

These titles do not mean they are authorized to represent claimants before VA.

Likewise, simply using words like:

• Veteran

• Military

• Disabled Veteran

• Patriot

• American

does not necessarily mean the organization represents veterans' best interests.

What Is a "Claims Shark"?

The term claims shark is commonly used to describe an individual or company that attempts to profit from VA disability claims without complying with VA accreditation laws.

Some claims sharks attempt to avoid federal fee restrictions by describing themselves as "consultants" or "coaches" instead of representatives.

Some may charge unlawful upfront fees or attempt to circumvent VA's fee regulations.

Veterans should always verify accreditation before sharing personal information or signing any agreement.

Before Choosing Representation

Don't simply hire the first person you speak with.

Instead:

• Interview more than one representative.

• Prepare questions in advance.

• Compare answers.

• Take notes.

• Ask follow-up questions.

• Never allow yourself to be pressured into signing immediately.

The representative you choose should demonstrate professionalism, honesty, and a genuine interest in helping with your claim.

Questions to Ask

• When were you accredited by VA?

• How long have you represented veterans?

• What training have you received?

• What experience do you have with claims like mine?

• Will you personally handle my claim?

• Will someone else assist with my claim?

• How often should I expect updates?

• What is your preferred method of communication?

• What fees do you charge?

• Are there any additional expenses?

• Will you continue representing me if my claim must be appealed?

• Have you represented veterans before the Board of Veterans' Appeals?

• If necessary, do you represent veterans before the U.S. Court of Appeals for Veterans Claims (or would you refer me to someone who does)?

🚩 Red Flags – Use Caution

Be cautious if someone:

• Guarantees you a specific disability rating (such as "We'll get you 100%.")

• Guarantees approval.

• Claims to have "inside connections" with VA.

• Says accreditation doesn't matter.

• Pressures you to sign immediately.

• Asks you to sign blank forms.

• Asks you to sign documents you haven't read.

• Refuses to explain what they are filing.

• Won't provide copies of paperwork submitted to VA.

• Wants your Login.gov, ID.me, DS Logon, or VA.gov username or password.

• Tells you to exaggerate symptoms.

• Encourages you to submit false information.

• Tells you to hide unfavorable evidence.

• Recommends filing claims for disabilities you do not have.

• Refuses to provide a written fee agreement.

• Requires payment before VA has issued an initial decision and before the statutory requirements for charging a fee have been met.

• Requires payment through a spouse, child, LLC, or another third party to avoid VA fee rules.

• Requires financing through a lending company.

• Requires you to use a specific doctor or nexus letter provider.

• Won't answer questions about their accreditation.

• Discourages you from seeking a second opinion.

One or two items alone may not indicate wrongdoing, but multiple warning signs should cause you to proceed carefully.

Power of Attorney (POA)

VA Forms 21-22 and 21-22a appoint your representative.

• VA Form 21-22 appoints a Veterans Service Organization.

• VA Form 21-22a appoints an accredited attorney or claims agent.

A valid Power of Attorney allows your representative to communicate with VA, review your claims file (when authorized), submit evidence, and represent you before VA.

If someone claims to represent you before VA but says they do not need a Power of Attorney, ask them why.

Remember:

You may revoke your representative or appoint a different representative at any time.

Fees

Veterans Service Organizations

VA-recognized VSOs may never charge a fee for representation before VA.

They also may not accept gifts or donations in exchange for helping with your VA claim.

Generally, a VSO cannot require you to become a dues-paying member as a condition of representation.

Attorneys & Accredited Claims Agents

Generally, an accredited attorney or claims agent may charge a fee only after:

• VA has issued an initial decision on the claim;

• the claimant has filed the appropriate review option (such as a Supplemental Claim, Higher-Level Review, or Board Appeal); and

• a valid fee agreement and Power of Attorney have been filed with VA, if required.

They may assist before that time without charge.

Fee Agreement Tips

Read every contract carefully.

Understand:

• How the fee is calculated.

• When payment is due.

• Who pays the fee.

• Whether additional expenses may be charged.

• Whether the agreement has cancellation provisions.

• Whether the agreement attempts to claim future benefits unrelated to the representation.

Never sign a contract you do not understand.

Challenging a Fee

If you believe an attorney's or accredited claims agent's fee is unreasonable, you may file a motion with VA's Office of General Counsel challenging the fee.

Be sure to send a copy to the representative as required.

Standards of Conduct

VA-accredited representatives are required to comply with VA's standards of conduct.

Attorneys are also subject to the ethical rules of the jurisdictions where they are licensed.

Representatives who violate these rules may face disciplinary action, suspension, or cancellation of accreditation.

Predatory Practices to Watch For

Pension Poaching

Some financial planners or long-term care consultants may recommend transferring assets or purchasing financial products solely to qualify for VA pension benefits. Such recommendations may not be in the veteran's best interests.

Home Care Contracts

Some companies offer to pay for home care while a VA claim is pending but later seek reimbursement if the claim is denied or require the veteran to continue using their services regardless of quality.

Upfront "Consulting" Fees

Some individuals or organizations may attempt to avoid VA fee restrictions by charging separately for consulting, coaching, education, estate planning, records review, or "benefits advice" before filing a VA claim.

Understand exactly what you are paying for.

Third-Party Payments

Be cautious if someone asks a family member or another third party to pay fees that would otherwise be prohibited under VA's fee rules.

Filing a Complaint

If you believe an accredited representative has violated VA's standards of conduct, you may file a complaint with VA's Office of General Counsel.

If you believe state or federal consumer protection laws may also have been violated, you may also consider filing a complaint with the Federal Trade Commission or your state's attorney general.

Additional Resources

• VA Office of General Counsel Accreditation Program

• VA Accredited Representative Search

• Federal Trade Commission Consumer Complaint Assistant

Final Thoughts

You are never required to hire a representative. Many veterans successfully file claims on their own, while others choose assistance from an accredited VSO representative, accredited claims agent, or accredited attorney.

The most important step is to choose someone who is knowledgeable, ethical, and willing to explain the process so that you remain informed and involved in your own claim.