what is the difference between a claims agent or attorney for va

An accredited VA claims agent is an independent legal professional who is not an attorney but rather an individual who, under the provision of federal law, has undergone a character and fitness review by the VA Office of General Counsel and passed a written examination regarding veterans law and VA procedures.

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What is the difference between a VA-accredited attorney and a claims agent?

An accredited VA claims agent is an independent legal professional who is not an attorney but rather an individual who, under the provision of federal law, has undergone a character and fitness review by the VA Office of General Counsel and passed a written examination regarding …

Do Va attorneys and claims agents charge a fee?

Oct 03, 2014 · You would have to pay a lawyer 25% of your back benefits, for help that a VSO provides for free. VA is a "waiting game", and no lawyer can possibly spped the process up. You should have received a notice from the VA, asking you for a "Statement of the Claim", and you …

Can an agent or attorney assist a veteran or a claimant?

Jun 22, 2021 · If an attorney or agent assists in the initial claim filing, they must do so without charging a fee. Other red flags include not needing a fee agreement and fees being unreasonable. If your potential representation is also guaranteeing an outcome, this is a red flag. Only the VA …

What does it mean to be a VA attorney?

Dec 11, 2019 · An attorney’s duty to their client is absolute and allowing the VA-regulated contingency fee puts the attorney’s interest and the client’s interest in sync with each other. …

What is a VA claim agent?

Who decides your VA claim?

What are the easiest VA claims to get approved?

Should I use a VSO for my VA claim?

What is the VA 5 year rule?

What happens if you ask VA to decide your claim?

What is the VA 10 year rule?

What are the top VA disability claims?

How long does it take for a VA claim?

What is the best way to file a VA claim?

How do I increase my VA claim?

Does DAV help with VA claims?

What Is An Accredited Representative?

An accredited representative is an individual who has undergone a formal application and training process and is recognized by VA as being capable...

What Is The Role of An Accredited Representative?

A VSO, along with state, county, and other local Veteran service representatives are trained to help you understand and apply for any VA benefits y...

How to Find A Representative

OnlineYou can find a local representative including a recognized VSO , attorney, or claims agent by state/territory, zip code, or by the organizati...

How to Appoint A VSO Or Representative

OnlineYou may appoint an attorney, claim agent, or VSO to represent you or manage your current representative online using eBenefits.By Mail You ma...

How to find an accredited VA agent?

You can also use the VA’s Accreditation Search website to find an accredited agent.

How many hours of CLE do you need to be an accredited VA agent?

The VA is constantly changing the claims process. So, accredited agents need to complete three hours of qualifying CLE on veterans benefits law ...

Why is the VA accredited?

The VA created the accreditation program to ensure veterans and their families receive the appropriate representation when it comes to benefits. A VA accredited agent can assist in the preparation, presentation, and prosecution of VA claims. Representation that is not accredited by the VA cannot assist in these steps.

Why is the VA accreditation important?

During the claims process, it is vitally important to always work with a VA-accredited representative or attorney.

What is VA Form 21-22A?

Use VA Form 21-22A, Appointment of Individual as Claimant’s Representative, when recognizing an individual as your representative. Use VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative, when recognizing a Veterans Service Organization (VSO) as your representative.

What is a red flag for VA?

If your potential representation is also guaranteeing an outcome, this is a red flag. Only the VA can make that determination. You should also be wary if the agent is trying to take a portion of your future monthly benefits.

Can a VA agent file a 21-22A?

The VA will require a Form 21-22 or 21-22A with an accredited agent or for you to continue the filing process without representation until the agent is accredited. Additionally, a veteran may need ...

What is the duty of a VA contingency attorney?

An attorney’s duty to their client is absolute and allowing the VA-regulated contingency fee puts the attorney’s interest and the client’s interest in sync with each other. That is price performance. If you’re going to pay a Veterans claims attorney then that attorney must be able to bring additional value to your case.

Why hire a veteran lawyer?

The right reason to hire me or any veteran’s lawyer is that you believe we can help you get a better decision from the VA on your claim that has either been (1) denied or (2) underrated. And just as any person would in any legal matter, you look beyond the attorney’s VA accreditation.

What is a VSO representative?

VSO representatives are salaried employees who may work full or part time. Some Veterans Service Organizations are recognized by the VA for the purpose of preparation, presentation, and prosecution of claims under laws administered by the VA; yet, some are NOT recognized by the VA for these purposes.

How long does it take for a vet to hire an attorney?

What it really means is that the attorney agrees to work for free unless and until the case can be won. Often this can take many months or even years. In short, every vet with a meritorious claim can afford to hire a qualified attorney.

When did vets stop hiring attorneys?

At the urging of veterans and veteran’s advocacy groups, the law preventing vets from hiring experienced attorneys was changed in 2007. Veterans could now hire qualified attorneys to represent them, and earlier in the process. In short, veterans had access to lawyers who really knew how to help them even in the most complex cases. This has dramatically increased the success rate of how many veterans are able to win their claims.

When did veterans get denied legal representation?

Until 2007, veterans were effectively denied by law access to qualified attorneys to represent them prior to exhausting all their administrative appeals.

Did the government stop veterans from getting legal representation?

Until 2007, veterans were effectively denied by law access to qualified attorneys to represent them prior to exhausting all their administrative appeals. In many minds, this was the federal government purposefully preventing veterans from getting effective representation on monetary claims against the government.

What is the role of a VA attorney?

Typically, VA-accredited attorneys and claims agents perform most of their representation after VA has issued an initial decision on a claimant’s claim —this is when attorneys and claims agents are permitted to charge fees for their representation. At this stage of the adjudication process, an attorney or claims agent may be helpful to you in further developing the evidence in support of your claim and crafting persuasive and legal arguments on your behalf to submit to VA. In addition, an attorney or claims agent can assist you in navigating the VA appeals process.

Who can help with VA claims?

Among other things, a VSO representativ e can help you gather any evidence needed and submit a Fully Developed Claim on your behalf. A VSO representativ e can also correspond with VA about your claim on your behalf. VSOs always provide their representation on VA claims free-of-charge.

What is a VSO attorney?

An attorney is someone who is a member in good standing of at least one State bar.

What is VA accredited?

Typically, VA-accredited attorneys and claims agents perform most of their representation after VA has issued an initial decision on a claimant’s claim—this is when attorneys and claims agents are permitted to charge fees for their representation.

How to find a VSO representative?

You can also find a representative of a recognized VSO, attorney, or claims agent by state/territory, by zip code, or by the VSO's name online using eBenefits.

What can a VA accredited representative do?

A VA-accredited representative can help you understand and apply for any VA benefits you may be entitled to including: compensation, education, Veteran readiness and employment, home loans, life insurance, pension, health care, and burial benefits. A VA-accredited representative may also help you request further review of, or appeal, an adverse VA decision regarding benefits.

What benefits can a VA representative help you with?

A VA-accredited representative can help you understand and apply for any VA benefits you may be entitled to including: compensation, education, Veteran readiness and employment, home loans, life insurance, pension, health care, and burial benefits.

How does a VA disability attorney work?

Attorneys work on your behalf to gather evidence needed to document your disability and how it affects your ability to work. They also make sure you get the highest possible rating for your disability and the earli est effective date.

Why are VA claims denied?

Having an attorney guide you through the VA’s complex bureaucracy can save you headaches. VA laws and regulations are intricate and subject to frequent change, and the intent behind those changes often lacks transparency. Claims can be denied for a number of reasons: 1 Lack of documentation that the injury occurred during active service 2 No diagnosis (particularly common with psychiatric conditions like PTSD) 3 Incorrect or incomplete data in original C&P exam report, resulting in delays and follow-up exams 4 Missed C&P exam 5 The VA rejects the opinion of VA doctor or your private doctor 6 Favorable evidence missing from claim

Can an attorney rely on the VA?

Crucially, attorneys don’t rely on the VA alone to gather evidence used to support your claim, and will bring in outside opinions to corroborate your claim. Furthermore, attorneys know what to expect from the VA, and will develop your claim efficiently.

Do attorneys get paid?

Since attorneys only get paid when you get compensated, the goal is to reach the fastest decision at the lowest level of the appeals process, without leaving any compensation you’re owed on the table. Which brings us to the next point: attorneys maximize your claim.

Who pays VA fees?

The payment of fees may be made by VA directly to an agent or attorney from past‑due benefits. 38 U.S.C. § 5904 (d) and 38 C.F.R. § 14.636 (h).

How long does it take to appeal a VA decision?

There is a significant difference between this appeal and an appeal of the VA’s denial of a VA benefit; the notice of disagreement must be filed within 60 days of the VA’s decision as opposed to one year.

What is direct pay VA?

A direct‑pay fee agreement is a fee agreement between the claimant or appellant and an agent or attorney providing for payment of fees out of past‑due benefits awarded directly to an agent or attorney. See 38 C.F.R. § 14.636 (g) (2).

What happens when you notify the VA of past due benefits?

What will occur, generally, is that in the same notice which informs a veteran or a claimant of an award of past-due benefits, VA will inform both the veteran or claimant and the agent or attorney that a decision has been made on the eligibility of the agent or attorney to charge the fee called for in the fee agreement of the parties.

What is contingent fee?

The contingent fee basis is the most likely way in which fees will be charged. A contingent fee agreement means that the agent or attorney is paid only when the veteran or claimant receives an award of past-due benefits. The fee is based on an agreed upon percentage of the amount of the past-due benefits awarded.

Who must sign an agreement for fees for services of agents and attorneys?

All agreements for the payment of fees for services of agents and attorneys must be in writing and signed by both the claimant or appellant and the agent or attorney. 38 C.F.R. § 14.636 (g).

Does the VA withhold fees?

In cases where a fee agreement requires VA to withhold the fee of an agent or an attorney from the award of past-due benefits under the provisions of 38 U.S.C. § 5904 (d), the VA regional office will make a written fee eligibility determination.

Who can represent a VA claimant?

Lawyers, claims agents, veterans service organizations (VSOs), and state or country government entities may all represent claimants during the VA claims and appeals process, so long as they are accredited.

Who represents a veteran in the VA?

VA-accredited attorneys and claims agents typically represent claimants once VA has issued a rating decision on the veteran’s initial claim. Once an initial claim is decided by the VA attorneys and claims agents may charge a fee for their representation. Attorneys and claims agents may use their expertise to compile evidence and make persuasive legal arguments which could be advantageous in order to win a claimant’s appeal.

What is an accredited representative?

Accredited representatives are recognized by VA as being legally authorized and capable of assisting claimants in the pursuit of benefits before the Department of Veterans Affairs. In order to become accredited, individuals must participate in the accreditation program.

What is a veteran advocate fee?

Typically, accredited veterans’ advocates charge a contingency fee based on retroactive benefits recovered. This means that if a claimant is awarded retroactive benefits, based on eligibility stemming from a previous date in time, then the veteran’s advocate would receive a percentage of those retroactive benefits, according to the agreement entered into between the claimant and the representative.

Why do lawyers have to be accredited?

Lawyers or Agents must be accredited in order to represent claimants before the Department of Veterans Affairs. The accreditation process exists to ensure that veterans and their family members receive skilled and informed representation throughout the VA claims and appeals process.

What does it mean when a VA charge a percentage of benefits?

If a person is charging a percentage of benefits the claimant is going to receive over a certain period of time, they are charging fees unethically and illegally. They have minimal professional experience in VA disability law – Veterans disability law is complex.

Why are veterans organizations beneficial?

Organizations like these can be very beneficial to veterans because of their experience and their services are free of charge. VA-accredited attorneys and claims agents typically represent claimants once VA has issued a rating decision on the veteran’s initial claim.