VA Claims Agent vs. VSO vs. Attorney
What 'accredited' means
Only individuals accredited by VA's Office of General Counsel may prepare, present, or prosecute a VA disability for compensation. Accreditation comes in three categories under 38 CFR § 14.629: representatives, claims agents, and attorneys. Anyone charging money to help with a VA claim who is not accredited is operating in violation of 38 U.S.C. § 5901 and federal regulation.
Accreditation is searchable on VA's public accreditation database. The three categories share most fee and conduct rules but differ in training requirements and scope.
Veterans Service Organizations (VSOs)
representatives are employees or volunteers of organizations like the American Legion, VFW, DAV, MOAA, county service offices, and others recognized under 38 CFR § 14.628. They cannot charge fees, ever — at any stage.
Strengths: free, locally available, well-positioned for filings, intent-to-file submissions, and routine increase claims. Limitations: caseloads can be heavy, depth of analysis on complex appeals or unusual fact patterns varies widely by individual representative, and continuity may suffer when representatives turn over.
VA-accredited claims agents
Claims agents are individuals accredited under § 14.629(b) after passing a written exam administered by VA and completing continuing education. They are not attorneys but are bound by the same fee and conduct rules: no fee for initial work, and contingency fees on appeals after an adverse VA decision under the reasonable-fee standard of § 14.636 (20% of past-due benefits is presumed reasonable; up to 33⅓% may be allowed if justified).
Claims agents typically focus their practice on VA work specifically — appeals, supplemental claims with new evidence, rating-increase strategy, and screening. They cannot represent veterans in federal court ( and beyond); that requires attorney accreditation.
Accredited attorneys
Attorneys accredited under § 14.629(a) are licensed lawyers admitted to a state bar who have completed VA accreditation. Same fee structure as agents at the VA stage. The added scope is representation at the (), the , and the Supreme Court — venues where attorney admission is required.
How fees actually work
- Initial (before VA issues a decision): no representative — , agent, or attorney — may charge a fee. 38 CFR § 14.636(c).
- After an adverse decision: agents and attorneys may charge a reasonable fee. The presumptive reasonable rate is 20% of past-due benefits paid directly by VA out of retroactive award, or 33⅓% if paid by the from non-retroactive funds.
- VSOs: never charge.
- All fee agreements with agents and attorneys must be filed with VA under § 14.636(g) and are subject to review.
When each is the right fit
- , clear evidence, presumptive condition — is usually the most efficient choice.
- Denied where the file was complete but the rater misapplied the law — claims agent or attorney for .
- Denied that needs new evidence (private medical opinion, buddy statements) — claims agent or attorney for .
- — any of the three types can represent.
- and federal court — attorney only.
- Complex or extraschedular cases — claims agent or attorney with subject-matter focus.
Can I switch representatives?
Yes, at any time, by filing (for ) or 21-22a (for individual agent or attorney). A new representative replaces the prior one. Existing fee agreements remain enforceable for work already done under their terms.
Where these claims break down
- ×Paying anyone — agent, attorney, or 'consultant' — to help with an original (pre-decision) claim. Federal law prohibits it.
- ×Working with a non-accredited 'claims coach' or 'claim sharks' — they are not authorized to act on a VA claim and have no fiduciary duty.
- ×Assuming an attorney is automatically better than an agent — at the VA stage the fee cap and scope are identical.
- ×Not verifying accreditation on VA's OGC accreditation search before signing a fee agreement.
Frequently Asked Questions
Useful Tools & Topics
Have questions about your specific case?
Every veteran's facts are different. A free initial consultation with a VA-Accredited Claims Agent can tell you whether your matter is a fit for representation — and what the right next step looks like either way.
Disclaimer: This page is for educational purposes only and does not constitute legal advice. Oakridge Claims is a private business and is not affiliated with, endorsed by, or operated by the U.S. Department of Veterans Affairs. No guarantees of outcomes are made. Each claim is decided on its individual facts.
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