What Is a VA Claim Shark?

Where the term comes from

'Claim shark' is not a legal term. Veterans, VSOs, and accredited practitioners use it to describe unaccredited companies — often called 'consultants,' 'coaches,' 'strategists,' 'medical evidence companies,' or 'rating experts' — that solicit veterans, charge fees, and prepare claim materials without VA accreditation. The name reflects the pattern: aggressive marketing, high fees, no legal accountability, and no ability to represent the veteran if the case goes wrong.

The problem is not that a company is new or that its marketing is bold. The problem is a specific legal one: federal law makes VA-claim representation a regulated activity, and unaccredited fee-charging is prohibited.

The federal framework in plain English

Read together, these authorities mean: (1) only accredited attorneys, accredited claims agents, and recognized VSO representatives may prepare, present, or prosecute VA claims; (2) VSOs must do so free of charge; (3) accredited attorneys and claims agents may charge fees, but only after a first VA decision and only within the reasonableness rules; and (4) anyone else who charges is violating federal law.

1. 38 USC § 5901 — Prohibits any individual from acting as an agent or attorney in the preparation, presentation, or prosecution of a VA claim unless recognized by the VA for that purpose.
2. 38 USC § 5902 — Authorizes VA recognition of Veterans Service Organizations (VSOs) and their representatives, who assist veterans free of charge.
3. 38 USC § 5904 — Authorizes VA to accredit attorneys and non-attorney 'claims agents' and sets rules for fee agreements, including that fees may only be charged after an initial VA decision and must be reasonable.
4. 38 USC § 5905 — Makes it a federal crime to solicit, contract for, or receive fees for VA-claim services in violation of the accreditation statutes.
5. 38 CFR § 14.629 — Sets the accreditation requirements: application, examination, character/fitness review, and continuing legal education.
6. 38 CFR § 14.632 — Standards of conduct. Prohibits guaranteeing outcomes, false or misleading advertising, and disclosing confidential information.
7. 38 CFR § 14.636 — Fee rules. No fee may be charged on the original claim. On appeals, fees must be reasonable; 20 percent of past-due benefits paid directly by VA is presumed reasonable.

What a claim shark is — and is not

• IS a claim shark: An unaccredited 'consulting' company that charges a flat fee, a monthly retainer, or a percentage of your monthly VA benefit to help you file, appeal, or increase a claim.
• IS a claim shark: A person who signs you to a contract requiring payment even if VA denies the claim, or that assigns a share of your monthly benefits to them.
• IS a claim shark: A 'coach' or 'strategist' who prepares your evidence, writes your personal statement, or drafts your appeal for a fee without being listed in the OGC accreditation database.
• IS NOT a claim shark: A VA-accredited attorney or claims agent charging a lawful 20 percent contingency on past-due benefits under 38 CFR § 14.636.
• IS NOT a claim shark: A VSO (DAV, VFW, American Legion, county veteran service officer) providing free representation.
• IS NOT a claim shark: A licensed medical provider charging their normal clinical fee for an independent medical opinion or Disability Benefits Questionnaire — that is medical evidence, not representation, and is regulated by state medical boards rather than VA accreditation rules.

Why it matters to the veteran

The practical harm is not just the fee. An unaccredited company cannot lawfully appear on your VA Form 21-22 or 21-22a Power of Attorney. VA will not communicate with them about your claim, will not release records to them, and will not treat their filings as filings by a representative. If something goes wrong — a missed deadline, a botched appeal lane, a lost effective date — the veteran has no recognized representative to fix it, and no VA-regulated fee agreement to unwind.

There is also a straightforward compliance point: any promise of a guaranteed rating, a guaranteed percentage, or 'we get you to 100 percent' violates 38 CFR § 14.632. Accredited representatives who made those promises would lose their accreditation. Unaccredited companies make them freely because they are not bound by the rule — which is exactly the concern.

How to verify a real representative in 60 seconds

1. Go to the VA Office of General Counsel accreditation search: https://www.va.gov/ogc/apps/accreditation/index.asp.
2. Enter the person's last name (attorneys and claims agents are searchable by name; VSOs by organization).
3. Confirm the record shows 'Attorney,' 'Claims Agent,' or 'VSO Representative' and an active status.
4. Ask for a written fee agreement before signing any Power of Attorney. Read it against 38 CFR § 14.636 — no fee on original claims, reasonable fee on appeals, no assignment of monthly benefits.

Where Oakridge Claims fits

Oakridge Claims is a VA-accredited claims agent practice led by Esteban Magallon. Accreditation is verifiable in the OGC database. We do not charge on original claims. On appeals, we work on the standard 20 percent contingency of past-due benefits presumed reasonable under 38 CFR § 14.636, and we do not get paid unless VA awards benefits. We do not write nexus letters or DBQs — those are medical documents that must come from a licensed clinician.

Check who you are dealing with before you sign

Frequently Asked Questions

References & sources

1. 38 USC § 5901 (recognition of agents and attorneys)
2. 38 USC § 5904 (fees for representation)
3. 38 USC § 5905 (penalties)
4. 38 CFR § 14.629 (accreditation requirements)
5. 38 CFR § 14.632 (standards of conduct)
6. 38 CFR § 14.636 (payment of fees)
7. VA OGC Accreditation Search