Spearman Appeals LLC

Jerome Spearman, LLC is a VA-accredited claims agent

VSO, Claims Agent, or Attorney: Help with Your VA Disability Claim

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VSO versus Accredited Claims Agent, or Attorney: Who Should Help with Your VA Disability Claim?

What if the most important decision about your VA disability claim isn’t what you file, but who helps you file it?

The path between your military service and the benefits you’ve earned isn’t a straight line. It’s a maze of regulations, deadlines, and legal terminology that few veterans can navigate alone.

Yet many try.

The Department of Veterans Affairs itself acknowledges this challenge. That’s why federal law established a system of accredited representatives to guide veterans through the process.

But here’s where it gets complicated.

You have three distinct options for representation: Veterans Service Organizations (VSOs), VA Accredited Claims Agents , and attorneys. Each operates under different rules and serves veterans in different ways.

The right choice depends on your specific situation. Choose wisely, and you maximize your chances of a favorable outcome. Choose poorly, and you might leave benefits on the table.

Let’s break down each option.

What is a VSO and how can they help with my VA disability claim?

Understanding the role of a Veterans Service Organization (VSO)

VSOs are not part of the VA.

They’re independent organizations recognized by the VA Secretary to provide assistance to veterans free of charge.

Think of VSOs as specialized guides who know the terrain of the VA system intimately. Organizations like the American Legion, Disabled American Veterans (DAV), and Veterans of Foreign Wars (VFW) have been helping veterans navigate benefit claims for decades.

Their representatives – often called service officers – are accredited by the VA through their organizations. They help you prepare and file your claim, gather supporting evidence, and communicate with the VA throughout the process.

What makes VSOs unique is their prohibition from charging fees. Federal law 38 U.S.C. § 5902 explicitly requires VSOs to certify that “no fee or compensation of any nature will be charged any individual for services rendered in connection with any claim.”

That’s not charity. It’s the law.

Benefits of using a VSO for your initial claim

For most veterans filing their first VA disability claim, it makes sense to use a Veterans Service Organization as your starting point.

Why?

First, the service is completely free. No fees, no contingencies, no financial risk.

Second, VSOs have extensive experience with initial claims. Many VSO representatives are veterans themselves who understand both the bureaucratic and personal sides of the process.

Third, VSOs often have offices within VA regional offices, creating established relationships with VA staff that can facilitate communication.

Finally, VSO’s can help you avoid common mistakes that lead to unnecessary denials. According to VA data, compensation claims with representation are more likely to be approved than those filed by veterans alone.

The free assistance of a VSO creates the rare situation where the best option is also the most accessible one.

How to find an accredited VSO representative

Finding a qualified VSO representative is surprisingly straightforward.

Start by checking the VA’s Office of General Counsel (OGC) Accreditation Search tool. This database allows you to verify that any VSO or individual representative is officially recognized by the VA.

Many veterans choose chartered VSOs like the American Legion, DAV, or VFW, all of which maintain extensive networks of accredited representatives. Others work with state, county, or tribal veterans’ service officers who are often located in government buildings near you.

The most important factor isn’t which VSO you choose, but ensuring your representative is properly accredited. VA accreditation guarantees they’ve met VA’s standards for character, knowledge, and capability.

Remember: while VSOs are free, quality can vary. Don’t hesitate to interview multiple representatives to find someone you trust with your claim. A good representative must pass an exam and background check to become accredited.

When should I consider hiring an Accredited Claims Agent for my VA disability claim?

Understanding when Accredited Claims agent representation becomes valuable

Here’s what most veterans don’t realize:

Claims agent can’t charge for helping with your initial claim.

Federal regulations 38 CFR § 14.636(c) prohibit accredited agents and attorneys from charging fees for services provided before the VA issues an initial decision. This creates a natural division in the representation landscape.

So when does a claims agent become valuable?

When you receive a denial letter.

After the VA denies your claim or assigns a rating you believe is too low, the complexity increases dramatically. You’re no longer trying to establish basic eligibility. You’re challenging a formal government determination.

This is where accredited claims agent shine. Their legal training on VA disability Law equips them to identify errors in VA decisions, develop sophisticated arguments grounded in case law, and navigate the intricacies of the appeals process.

For complex medical conditions, challenging legal issues, or high-stakes appeals, the expertise of a VA accredited attorney can make a significant difference in helping you win the claim.

The appeal process and how accredited claims agents can help

The VA appeals process underwent a major transformation with the Appeals Modernization Act of 2019. Veterans now have three options after receiving an unfavorable decision:

  1. Higher-Level Review: A senior VA employee reviews the same evidence
  2. Supplemental Claim: You submit new and relevant evidence
  3. Board Appeal: Your case goes to the Board of Veterans’ Appeals (BVA)

Attorneys are particularly valuable in this evolving landscape.

Veterans can hire accredited claims agents to determine which appeal lane is most appropriate for their situation. Attorneys to represent veterans understand how to frame arguments that address the specific legal and factual errors in your decision. And perhaps most importantly, they can represent you before the BVA and, if necessary, the US Court of Appeals for Veterans Claims.

Attorneys also have the resources to obtain independent medical opinions, research relevant case law, and develop the kind of comprehensive appeal that can overturn an unfavorable decision.

The question isn’t whether an attorney adds value. It’s whether that value justifies their fee in your specific situation.

VA-accredited agents: what to look for

Not all agents are created equal when it comes to VA claims.

The first requirement is VA accreditation. Under 38 U.S.C. § 5904, claims agents must be accredited VA legal professionals to represent veterans in benefit matters. Always verify an agents accreditation using the VA’s official search tool.

Beyond accreditation, consider these factors:

  1. Experience with VA claims specifically: General legal experience isn’t enough. VA law is a specialized field with its own rules, precedents, and procedures.
  2. Understanding of military service: The best VA attorneys grasp the realities of military life and service-connected disabilities.
  3. Clear fee structure: Most VA attorneys work on contingency, typically charging 20-33% of any retroactive benefits awarded. Make sure you understand exactly what you’ll pay and when.
  4. Communication style: You need an attorney who explains complex concepts clearly and responds promptly to your questions.
  5. Resources for complex cases: Does the attorney or law firm have the capability to obtain independent medical examinations or expert opinions if needed for behalf of veterans?

Remember that hiring agents is a significant decision. Take time to interview multiple candidates, check references, and ensure you’re comfortable with both the person and their approach to your case.

What’s the difference between VSOs, attorneys, and claims agents?

Comparing services and expertise across representation types

The three types of accredited representatives exist in the same system but operate under different rules and bring different strengths.

When looking at VSO vs attorney or claims agent representation, consider how each serves different needs.

VSO representatives offer comprehensive assistance throughout the claims process. Their organizations often provide training in VA regulations and procedures, and many representatives have years of experience processing claims. Their primary limitation is resources – high caseloads can sometimes limit the time and attention available for complex cases.

Attorneys bring formal legal training and the ability to represent veterans in court. They’re particularly valuable for interpreting regulations in veterans disability law, identifying errors in VA decisions, and developing sophisticated legal arguments for the prosecution of claims. Their limitation is cost – their services come with legal fees, though only after an initial decision.

Claims agents occupy a middle ground. Like attorneys, they can charge fees after an initial decision. Unlike attorneys, they’re not lawyers and generally can’t represent veterans in court. What distinguishes claims agents is that they must pass an exam administered by the VA testing their knowledge of veterans benefits law – a requirement from which attorneys are exempt.

The right choice depends on your specific situation, the complexity of your claim, and the stage of the process you’re in.

Understanding fee structures and payment regulations

The fee structures for VA representation are strictly regulated by federal law:

VSOs: Cannot charge any fees for claim assistance. Their service to the veterans is always free.

Attorneys and Claims Agents: As an agent or attorney, they can charge fees, but only for services provided after the VA has issued an initial decision on the claim. Fees must be “reasonable” according to VA regulations.

For attorneys and claims agents, most fee agreements are contingency-based, meaning they only get paid if you win the claim. The VA can pay representatives directly from your retroactive benefits if:

  1. The fee agreement explicitly authorizes direct payment
  2. The fee is contingent on a favorable outcome
  3. The total fee doesn’t exceed 20% of past-due benefits awarded

Fees exceeding 20% must be collected directly from the veteran. The VA presumes fees under 20% are reasonable and those over 33.3% are unreasonable, though these presumptions can be rebutted.

These regulations create a system where veterans can access free assistance for initial claims and have the option of paid representation for appeals, with significant protections against excessive fees.

Which type of representation is best for different claim situations

The ideal representation depends on your specific type of claim:

For initial claims: VSOs are typically your best option. They provide free, knowledgeable assistance, and attorneys can’t charge fees at this stage anyway.

For straightforward appeals with new evidence: If your denial simply requires submitting evidence you already have or can easily obtain, a VSO may still be sufficient.

For complex medical cases: When your claim involves complicated medical issues requiring expert opinions or independent examinations,  agents or attorneys often have the resources and knowledge to develop stronger evidence.

Legal challenges: If your appeal centers on legal errors or requires interpretation of regulations and case law, an agent’s / attorney’s  training becomes particularly valuable.

With Respect to  federal court appeals: If your case needs to go beyond the BVA to the Court of Appeals for Veterans Claims, an attorney admitted to practice before that court becomes essential.

The complexity and potential value of your claim should inform your decision. Higher-stake claims with significant potential back pay often justify the cost of paid representation. When deciding whom to choose to represent you, consider both expertise and cost.

How do I choose the right representation for my VA claim?

Evaluating your specific claim needs and complexity

Your claim is unique. Your representation should match its specific requirements.

Getting help with your VA claim isn’t just about finding someone to fill out paperwork. It’s about choosing the right partner to help you win your claim.

Start by honestly assessing these factors:

  1. Claim stage: Are you filing an initial claim or appealing a denial?
  2. Medical complexity: Does your condition have clear diagnostic criteria and an obvious connection to service? Or is it medically complex, involving multiple systems or requiring sophisticated evidence?
  3. Legal complexity: Are there straightforward facts, or do you face challenges like character of discharge issues, pre-existing conditions, or complicated service connection questions?
  4. Evidence needs: Do you have all necessary documentation, or will you need help obtaining records, medical opinions, or witness statements?
  5. Personal capability: How comfortable are you with paperwork, regulations, and advocating for yourself?

For straightforward initial claims with clear evidence, the help of a VSO is often sufficient. As complexity increases – particularly after a denial – the specialized expertise of an attorney or claims agent becomes more valuable.

The most expensive choice isn’t always hiring paid representation. Sometimes it’s proceeding without the right help and missing out on benefits you’ve earned.

Questions to ask before granting power of attorney

Before appointing any representative, ask these critical questions:

  1. “Are you accredited by the VA?” Always verify using the VA Accreditation Search.
  2. “What is your experience with my specific type of claim?” Look for relevant expertise, not just years of practice.
  3. “How will we communicate throughout the process?” Establish expectations for updates and responsiveness.
  4. “What information and documents do you need from me?” Understand your role in the partnership.
  5. “What is your approach to my case?” The representative should explain their strategy clearly.
  6. For attorneys/agents: “What is your complete fee structure and when will I be charged?”

Remember that granting power of attorney with VA Form 21-22 (for VSOs) or Form 21-22a (for attorneys/agents) gives your representative significant authority. Choose someone you trust completely.

When to consider changing your representation

Sometimes your initial choice of representation doesn’t work out. Warning signs include:

  1. Difficulty communicating or getting updates
  2. Missing important deadlines
  3. Failure to obtain or submit critical evidence
  4. Inability to explain the strategy for your claim
  5. For paid representatives, unexpected or unclear charges

You can change representatives at any time by submitting a new power of attorney form. For agents/ attorneys working on contingency, be aware that discharged agents/ attorney’s may still be entitled to fees for work performed, though these must be reasonable.

Don’t let loyalty to a representative jeopardize your claim. If you’re not receiving the assistance you need, consider making a change.

What are the steps to file a VA disability claim with professional help?

Preparing your claim with assistance from a representative

The claim preparation process changes when you have professional help:

First, your representative will conduct an initial interview to understand your service, medical conditions, and available evidence. They’ll help identify which conditions to claim and what evidence you’ll need.

Next, they’ll assist in gathering necessary documentation: service records, medical evidence, and supporting statements. VSOs often have standardized systems for organizing this information efficiently.

Then, they’ll help complete the appropriate forms – typically VA Form 21-526EZ for initial disability claims. A good representative ensures these forms are filled out completely and accurately, avoiding common errors that cause delays.

Finally, they’ll review the entire package before submission, checking for completeness and identifying potential weaknesses that need addressing.

This collaborative approach significantly improves your claim’s chances by ensuring nothing important is overlooked.

The VA claims process with professional guidance

Once your claim is submitted, the process follows standard VA procedures, but your representative serves as your advocate and guide:

  1. The VA sends acknowledgment of your claim, usually within 1-2 weeks.
  2. The VA gathers additional records from federal sources.
  3. If needed, you’ll attend a Compensation & Pension (C&P) examination.
  4. The VA reviews all evidence and makes a decision.
  5. You receive a decision letter explaining the outcome.

Throughout this process, your representative communicates with the VA on your behalf, tracks your claim’s progress, helps prepare you for C&P exams, and answers your questions.

They transform what can be an opaque and frustrating experience into a more transparent and manageable one.

Handling supplemental claims and appeals

If your initial claim is denied or rated lower than expected, your representative becomes even more valuable.

They’ll help you understand the basis for the VA’s decision and identify the best appeal option: Higher-Level Review, Supplemental Claim, or Board Appeal.

For Supplemental Claims, they’ll help gather the specific new and relevant evidence needed to strengthen your case.

For Board Appeals, they’ll prepare written arguments addressing the legal and factual errors in the prior decision.

Throughout the appeals process, your representative ensures you meet deadlines, submit appropriate documentation, and present the strongest possible case for your benefits.

How much does professional help with VA disability claims cost?

Understanding VSO services and fees

VSO assistance is always completely free.

This isn’t a marketing gimmick or limited offer. It’s a federal requirement. Under 38 CFR § 14.628, organizations seeking VA recognition must demonstrate a primary purpose of serving veterans, and their representatives cannot charge fees.

VSOs are typically funded through member dues, donations, and in some cases, government grants for specific programs. This allows them to provide comprehensive claim assistance without any financial burden on the veteran.

The no-fee model makes VSOs particularly valuable for initial claims, where even attorneys and claims agents are prohibited from charging.

However, “free” doesn’t mean without limitations. VSOs may have high caseloads that limit individual attention, and they typically don’t have funds to pay for expensive expert opinions or independent medical examinations if needed.

For many veterans, especially those filing initial claims, the value of competent, free assistance is unbeatable.

Attorney fees for VA disability claims

Attorneys can only charge fees for services provided after the VA issues an initial decision on your claim.

Most VA attorneys work on contingency, meaning they only get paid if you win. The standard contingency fee ranges from 20% to 33.3% of any retroactive benefits awarded. The VA can directly pay attorneys 20% of your back pay if specified in your fee agreement.

Some attorneys charge hourly rates instead, particularly for cases unlikely to result in significant back pay. Typical hourly rates range from $200 to $400 depending on experience and location.

All fee agreements must be in writing, signed by both parties, and filed with the VA. The VA Office of General Counsel can review fees for reasonableness if requested.

Remember that attorney fees apply only to retroactive benefits (back pay), not to your ongoing monthly payments. For claims with potential large retroactive awards, the value added by skilled legal representation often outweighs the fee.

Accredited Claims agent payment structures

Claims agents operate under the exact same fee regulations as attorneys.

They cannot charge for initial claims, can only bill for services provided after an initial VA decision, and must use written fee agreements filed with the VA.

Like attorneys, most claims agents work on contingency, typically charging between 20% and 33.3% of retroactive benefits awarded. The same direct payment mechanism (limited to 20%) is available.

The key difference isn’t in the fee structure but in the nature of the service. Claims agents aren’t attorneys and generally cannot represent veterans in federal court appeals. They bring expertise in the VA administrative system, validated by passing the VA’s accreditation examination.

For veterans seeking paid representation but not requiring court representation, claims agents can offer a valuable middle option.

Conclusion

Navigating the VA claims system is rarely a journey you should take alone.

VSOs provide free, knowledgeable assistance for all claims, making them an excellent starting point for most veterans. Attorneys and claims agents offer specialized expertise for appeals and complex cases, though their services come with fees.

The right choice depends on your specific situation: the complexity of your claim, the stage of the process, and the particular challenges you face.

Whatever path you choose, remember this: proper representation is an investment in your future. The right guide can mean the difference between denied claims and deserved benefits – benefits that can provide financial security and access to crucial medical care for decades to come.

Don’t leave your VA disability claim to chance. Choose representation that matches your needs, verify their accreditation, and work collaboratively to file a claim and secure the benefits you’ve earned through your service.

The VA system wasn’t designed for simplicity, but it can be navigated with the right tools. Download our free guide to understand the common pitfalls, explore our articles for deeper insights, or book a consultation to create your personalized claim strategy.

References

  1. Department of Veterans Affairs. (2024). Accreditation Search. Retrieved from https://www.va.gov/ogc/apps/accreditation/index.asp
  2. Congressional Research Service. (2022). Veterans Service Organizations (VSOs): Frequently Asked Questions. Retrieved from https://crsreports.congress.gov/product/pdf/R/R46412
  3. Cornell Law School. (2023). 38 CFR § 14.636 – Payment of fees for representation by agents and attorneys in proceedings before Agencies of Original Jurisdiction and before the Board of Veterans’ Appeals. Retrieved from https://www.law.cornell.edu/cfr/text/38/14.636
  4. Cornell Law School. (2023). 38 U.S.C. § 5902 – Recognition of representatives of organizations. Retrieved from https://www.law.cornell.edu/uscode/text/38/5902
  5. Cornell Law School. (2023). 38 U.S.C. § 5904 – Recognition of agents and attorneys generally. Retrieved from https://www.law.cornell.edu/uscode/text/38/5904
  6. Cornell Law School. (2023). 38 CFR § 14.628 – Recognition of organizations. Retrieved from https://www.law.cornell.edu/cfr/text/38/14.628
  7. Department of Veterans Affairs. (2023). VA Forms 21-22 and 21-22a. Retrieved from https://www.va.gov/find-forms/
  8. Veterans Benefits, Health Care, and Information Technology Act of 2006. (2006). Public Law 109-461. Retrieved from https://www.congress.gov/109/plaws/publ461/PLAW-109publ461.pdf
  9. U.S. Court of Appeals for Veterans Claims. (2023). Annual Report. Retrieved from https://www.uscourts.cavc.gov/documents/Annual_Report_FY_2022.pdf
  10. Department of Veterans Affairs. (2024). Appeals Modernization. Retrieved from https://www.va.gov/decision-reviews/

INTERNAL LINK SUGGESTIONS:

  • Link “securing the benefits you’ve earned” to https://www.spearmanappeals.com/understanding-va-benefits/
  • Link “C&P examinations” to https://www.spearmanappeals.com/preparing-for-cp-exams/
  • Link “appealing a denial” to https://www.spearmanappeals.com/appealing-va-decisions/

AUTHOR BOX: Jerome Spearman is a VA accredited claims agent and a legal nurse consultant specializing in orthopedic appeal representation for post 9-11 veterans. He believes that every post 9-11 veteran deserves a strategic advocate who turns VA denial confusion into clarity and earned benefits. Connect with Jerome on LinkedIn or by email at jerome@spearmanappeals.com for regular updates on VA policy changes and claim strategies.