Option 1
File Yourself
Direct submission through VA.gov. Free. You handle every step: forms, evidence, deadlines, appeals.
Best for: simple, well-documented single-condition claims.
Every veteran has four paths for VA disability representation. Here's a straight comparison of what each can and cannot do — so you can choose the right fit before signing a 21-22 or 21-22a.
★ Quick Summary
All four paths are legitimate. VSOs are free and great for straightforward initial filings. Filing alone works if you have time and patience for the procedural details. Accredited claims agents and VA-accredited attorneys are paid professionals (only on past-due benefits awarded post-decision) governed by the same fee-reasonableness rule under 38 CFR § 14.636. Agents and attorneys can both handle VA-level appeals and CUE claims; only attorneys can take a case to federal court (CAVC).
Option 1
Direct submission through VA.gov. Free. You handle every step: forms, evidence, deadlines, appeals.
Best for: simple, well-documented single-condition claims.
Option 2
DAV, VFW, American Legion, county VSOs. Free, accredited, organization-funded. High caseloads.
Best for: initial claims and routine filings.
Option 3
Independent professional, accredited under 38 CFR § 14.629. Selective intake, personal case continuity. Handles VA-level appeals and CUE.
Best for: appeals, supplementals, complex / multi-condition claims, increases, CUE.
Option 4
Licensed attorney also accredited by VA. Same federal fee rule as agents. Required for federal court appeals (CAVC, Federal Circuit).
Best for: CAVC / Federal Circuit appeals and matters that may require litigation.
| Capability | DIY | VSO | Agent | Attorney |
|---|---|---|---|---|
| Authorized to represent veterans before VA (38 CFR § 14.629) | ||||
| Can charge fees Fees only on past-due benefits after a VA decision. Under 38 CFR § 14.636, fees above 33⅓% are presumed unreasonable; 20% or less is presumed reasonable. Same rule applies to agents and attorneys. | ||||
| Owes a federal duty of competence and ethics under 38 CFR § 14.632 | ||||
| Personal accountability if performance falls short | ||||
| Free of charge for initial claim development Federal law (38 CFR § 14.636(c)) prohibits anyone — agent, attorney, or VSO — from charging fees for representation on an initial claim filed before a VA decision. | ||||
| Free of charge for appeals / supplemental / HLR Agent and attorney fees apply only after a VA decision and only on past-due benefits awarded. | ||||
| Handles VA-level appeals (Supplemental, HLR, Board) | self | |||
| Handles CUE (Clear and Unmistakable Error) claims | self | |||
| Handles federal court appeals (CAVC, Federal Circuit) Only attorneys admitted to the U.S. Court of Appeals for Veterans Claims may represent veterans there. | ||||
| Selective about which cases to take | n/a | |||
| Personal continuity (same representative through the case) | n/a | varies | varies | |
| Reviews submitted medical evidence in detail | self | |||
| Helps coordinate evidence procurement (you obtain it) | self | varies |
Initial Claim
$0
No fee for representation on an initial claim filed before a VA decision. Federal regulation prohibits charging fees pre-decision (38 CFR § 14.636(c)).
Post-Decision Work
20%
Of past-due benefits awarded on appeals, supplemental claims, higher-level reviews, or CUE. Never out of future monthly compensation. If no past-due award, no fee.
Under 38 CFR § 14.636, both agents and attorneys may charge fees on past-due benefits after a VA decision. Fees of 20% or less are presumed reasonable; fees above 33⅓% are presumed unreasonable. Oakridge Claims charges 20%. Worked example: a successful appeal with a $25,000 retroactive award produces a $5,000 one-time fee paid out of the retro lump sum (often withheld and paid directly by VA). Future monthly compensation is yours in full.
Yes — every veteran has the right to file a claim directly through VA.gov. You do not need a representative. The trade-off is that you do all of the development, evidence review, and procedural decisions yourself.
All three are accredited under 38 CFR § 14.629 and authorized to represent veterans before VA. VSOs (DAV, VFW, American Legion, county offices) are funded by their organizations and cannot charge fees. Accredited claims agents and VA-accredited attorneys are independent professionals who can charge fees, but only on past-due benefits awarded after a VA decision. Both agents and attorneys are governed by the same fee-reasonableness rule under 38 CFR § 14.636.
Under 38 CFR § 14.636, fees may only be charged on past-due benefits awarded as a result of representation after a VA decision. Fees of 20% or less are presumed reasonable; fees above 33⅓% are presumed unreasonable. The same rule applies to agents and attorneys. Oakridge Claims charges 20%.
No — and any representative who guarantees an outcome is violating VA accreditation rules (38 CFR § 14.632). Outcomes depend on the evidence and VA adjudication. A claims agent's role is to make the record as complete and well-developed as possible.
Yes. VA-accredited claims agents are authorized to file and represent veterans on Clear and Unmistakable Error (CUE) motions at the regional office and Board of Veterans' Appeals levels. Federal court appeals (CAVC, Federal Circuit) require an attorney admitted to those courts.
Reviews your file, identifies viable claims and secondary conditions, ensures procedural deadlines are met, helps you organize and submit evidence, drafts written argument, and represents you on appeals and CUE motions. Agents do not provide medical care, write nexus letters, or make medical opinions — those must come from your treating providers.
There is no cost for an initial consultation, and no cost for an initial claim filed before a VA decision. Fees apply only to post-decision representation (appeals, supplemental claims, higher-level reviews, CUE) and only as a percentage of past-due benefits awarded — never out of monthly future compensation. The full written fee agreement is reviewed and electronically signed inside the secure intake questionnaire — nothing is signed before then.
Educational content only — not legal advice. Accreditation rules and fee limits are summarized from 38 CFR §§ 14.629, 14.632, and 14.636; consult the current Code of Federal Regulations or VA's Office of General Counsel for official requirements. Oakridge Claims is a private business and is not affiliated with, endorsed by, or operated by the U.S. Department of Veterans Affairs.