Cost of Representation
FAQs
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A VA disability lawyer can charge a maximum of 33.33% of your retroactive benefits for their services. Fees at or below 20% are presumed to be reasonable according to the Code of Federal Regulations (CFR) section on payments to lawyers representing clients before the Board of Veterans’ Appeals (BVA).
However, that doesn’t mean you’ll be charged 20%, or necessarily less than 33.33%. In most cases, a VA disability lawyer will charge between 20-30% depending on factors like:
How deeply involved they were in the case
How complex, rigorous, or challenging the case was
The amount of time the VA disability lawyer spent on the case
The results the lawyer achieved, and the extent to which their involvement determined the result
Whether the veteran ended the client-attorney relationship prior to a decision, and the extent to which the lawyer’s prior work influenced the ultimate decision
In cases that require extensive research and coordination with expert witnesses, your lawyer could argue that their work and the results they achieved demand more than 33.33% of retroactive benefits. Conversely, in cases that are fairly straightforward, your lawyer could charge less than 20%.
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At Veteran Claims Group, our fees for Veterans’ benefits appeals are typically around the lower end of the spectrum, and are generally 20% of retroactive benefits for most claimants.
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Depending on the complexity of the case, you might incur costs that are essential for your VA disability lawyer’s success in representing you, but ultimately, it’s your responsibility to pay.
For example, in the instance of a physical disability or a condition such as PTSD, hiring a physician or psychologist as an independent medical expert (IME) could be essential for winning your case. Similarly, if you’re appealing for total disability for individual unemployability (TDIU), hiring a vocational expert (VE) could be vital for verifying the extent to which your condition has impacted your quality of life.
Payment for these experts isn’t a part of your attorney's fees. However, a good VA disability lawyer would never recommend involving an IME or VE unless they strongly believed that expert testimony was essential to your case. Keep in mind that there’s always a risk of investment, as hiring an expert does not guarantee success. Your lawyer should not hire an expert without consulting with you first.
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Most VA disability lawyer services are contingent on achieving a certain outcome, meaning you won’t have to pay anything if you don’t win or have your appeal granted.
Assuming your VA disability lawyer helps you win your case, how you pay a VA disability lawyer depends on your fee agreement. Fee agreements between you and your lawyer can specify that the VA will pay up to 20% of any retroactive benefit or award directly to your lawyer.
If your lawyer’s fees exceed 20%, they’re responsible for collecting that additional percentage from you independently from the VA. Terms for collecting that additional amount should be included in your fee agreement.
Additionally, there are systems in place to help you pay attorney's fees in cases when they could otherwise exceed a Veteran’s budget. For example, if your claim is denied by the Board of Veterans Appeals, you could take it outside the Department of Veterans Affairs to the Court of Appeals for Veterans Claims (CAVC). The process creates additional attorney fees and costs outside your VA appeal. However, if you are found to be the prevailing party in your case, either by settlement or judgment in your favor, the Equal Access to Justice Act (EAJA) provides for the government to cover your attorney’s fees and costs.
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Our firm does not charge a consultation fee and a FREE case analysis is provided at no case.