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TopVARating

Can someone charge you to file a VA claim?

Not for a first claim. After that, it depends on who they are and where you live.

By the TopVARating research deskUpdated Nov 13, 20267 minute readSources checked

The short answer

No one may charge you for help with your first VA claim. Accredited attorneys and agents can charge only after VA decides it, usually 20 to 33.3% of back pay. Unaccredited consultants are banned in California, New York and Maine, and regulated in Florida.

What federal law says

Federal law, 38 U.S.C. 5904, says only VA-accredited attorneys and claims agents may charge for help with a claim, and only after VA issues a decision on it. Service officers from VA-recognized groups never charge at all.

When a lawyer can charge

Once VA has decided your claim, an accredited attorney or agent can take a fee for the next step. Most charge 20% of past-due benefits, and VA pays them straight from your back pay. The legal limit for that direct payment is 33.3%.

$24,000
0%
$0
20%
$4,800
33.3%
$7,992

Consultants are companies that are not accredited by VA but charge veterans for claim help, often five times the monthly increase in pay. Federal law bars this, but it has carried no criminal penalty since 2006, so states now set the real rules.

Before you sign with anyone, look them up. If none of their people are on VA's list, they are not accredited. Learn more

Your state's rule

  • California: banned (SB 694, 2026)
  • New York and Maine: banned
  • New Jersey: ban fought in court
  • Florida: allowed only under SB 910 rules
  • Louisiana: state law struck down in 2026

What to do next

Start with a free service officer for a first claim. If VA denies or underrates you, compare accredited lawyers and agents on fees and who does the work.

Sources

  1. 38 U.S.C. 5904, Congressional Research Service
  2. VA Office of General Counsel accreditation search
  3. Florida SB 910 (2025)
  4. California SB 694 coverage, LAist