What is the Cost for a Veterans Disability Attorney?

 If you have ever worked with a veterans disability attorney or any attorney, you may know there are rules governing fees charged to clients. You may not know that the VA has its own rules regarding fees which are quite different from any other fee structure.

VSO Representatives vs. Accredited Attorneys

It is important to note the difference between an accredited attorney and a veterans services representative, a Veterans Services Organization (VSO) such as the American Legion or Disabled American Veterans, to give two examples, will employ a veterans service representative.

VSO representatives can help veterans fill out paperwork, give rides to medical exams, and perform other non-legal services. VSO representatives cannot give legal advice or represent veterans in court. A VSO representative can represent a veteran in an appeal before the Board of Veterans Appeals.  But not represent the veteran further in the appeals process such as before the Court of Appeals for Veterans Claims.

Attorneys may not delay or otherwise interfere with claims processing, Attorneys also may not charge unreasonable fees, or encourage a veteran to act in a way detrimental toward a claim. For example, faking a disability.

Also, attorneys may not use any personal information for any unauthorized purpose. Or charge any fee before a Claims Examiner makes an initial disability determination.

The final prohibition is perhaps the most important and sheds light on the rules governing fees for veterans disability attorneys. This is meant to prevent fee payments for “straightforward” cases that are immediately granted by a VA claims examiner. In other words, attorneys must let the initial parts of the disability claims process play out before getting involved.

Unique Features of Veterans Attorney Fee Structures

Many civil attorneys operate on a contingency fee basis, meaning they charge nothing up front, and only collect a portion of the settlement if successful in the case. Sometimes the attorney may add on expenses.

Additionally, claimants can often file claims well after the date adjudicated as the disability “onset” date. Which can be any day in the past and often long before a they file the claim.

For example, if a veteran left service in 2012 with an injury, but struggled to have his claim filed until 2020, his disability onset date would still be 2012. As a result, the VA would owe eight years’ worth of disability payments to the veteran. An attorney charging a contingency fee for the veteran’s case, should it have gone past the initial claims examination stage, could charge a percentage of that retroactive payment.

As a result, the VA would owe eight years’ worth of disability payments to the veteran. An attorney charging a contingency fee for the veteran’s case, should it have gone past the initial claims examination stage, could charge a percentage of that retroactive payment.

Contingency Fees And Federal Law

Under federal law, the VA presumes a contingency fee of twenty percent to be reasonable. The VA usually approves such agreements without question. The VA presumes a fee of thirty-three (33) percent is to be unreasonable. Because these classifications are “presumptive,” the VA can ask for more information. They may seek to determine whether, given the particular circumstances of the case, a lower or higher fee is reasonable. Factors the VA considers to determine whether a fee percentage is reasonable include:

• the extent and type of services performed
• the complexity of the case
• the level of skill and competence required the amount of time spent on the case
• the results achieved the level of review to which the representative took the claim and at which the veteran retained the representative
• rates charged by other representatives for similar services whether and to what extent the payment of fees is contingent upon the results achieved
• and the reasons the veteran discharged an agent or attorney or withdrew from representation before the date of the decision awarding benefits.

Fee agreements between a veteran and attorney must be in writing and include the name of the veteran. Also, the name of the claimant or appellant if other than the veteran (e.g., a surviving family member). And the name of any disinterested third-party payer, the relationship to the claimant or appellant, the VA file number, and the specific terms of the fee arrangement.

As a reminder, these fee arrangement rules apply to proceedings before an Agency of Original Jurisdiction or the Board of Veterans Appeals, only. Different rules apply to further appeals before the CAVC and higher federal courts.

Count on Diligent Attorneys

Our firm’s number one goal is to assist veterans, not to turn a huge profit. That is why we charge a twenty percent contingency regardless of the complexity of your case.

Disabled veterans need help, not extra bills. For a free consultation with an experienced Veterans disability attorney, contact the Cameron Firm P.C. at 800-861-7262 or fill out the contact form on our website.

We are proud to represent veterans nationwide.

This article is for educational and marketing purposes only. Therefore, it does not create an attorney-client relationship.