VA Claims Company Red Flags

The ten red flags

1. 'Guaranteed rating' or 'we get everyone to 100 percent.' 38 CFR § 14.632 prohibits guarantees of outcome.
2. Any fee for an original VA disability claim. 38 CFR § 14.636 forbids fees before the initial VA decision.
3. A percentage of your monthly VA benefit, especially ongoing after the appeal ends. Lawful contingency fees are calculated on past-due benefits, not future monthly compensation.
4. Pressure to sign the POA immediately, without a written fee agreement to take home and review.
5. No individual named on the fee agreement — only a company. VA accredits individuals, not companies.
6. 'Medical evidence' packages that promise a specific diagnosis, rating, or nexus opinion before a licensed clinician has examined you.
7. Fee agreements that make you pay whether or not VA awards benefits. Legitimate contingency agreements are 'no award, no fee.'
8. Fees due before VA has released past-due benefits. Under 38 CFR § 14.636, VA typically withholds the agreed fee from your retroactive award and pays the representative directly.
9. Evasive answers about VA accreditation, or 'we work with an accredited attorney' without naming that attorney.
10. Promises about VA timelines (e.g., 'we can get you decided in 30 days'). No representative can accelerate VA processing.

What is not a red flag

• Contingency fees on appeals — lawful and standard under 38 CFR § 14.636.
• Advertising and paid marketing — not, by themselves, a violation.
• A written fee agreement in plain English that clearly explains no fee on original claims and 20 percent of past-due benefits on appeals.
• A representative who declines your case because the record is not strong enough. That is professional judgment, not a red flag.

Frequently Asked Questions

References & sources

1. 38 CFR § 14.632 (standards of conduct)
2. 38 CFR § 14.636 (payment of fees)