Some people who help with a VA pension claim may charge a fee, and the terms of that fee live in a written agreement. Read that agreement the way you would read any contract for a service in the home, before anything is signed.

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Who is allowed to charge

Only certain people may take a fee for helping with a VA claim: accredited attorneys and accredited claims agents.[1] Accredited Veterans Service Organization representatives may help with the claim at no charge.[2] Before you sign with anyone, look up their accreditation on VA's search page and make sure the name on the record matches the name on the contract.[1]

When a fee may be charged

The rules do not let a representative take money at the start of the process. A fee for representation is tied to a point after VA has issued an initial decision on the claim.[1] Ask the representative to show you the decision notice that starts the fee clock. If the agreement starts the fee when the packet is first sent, the agreement is asking for something the rule does not allow at that stage.

The cap and what it is measured against

Fees for representation are limited to a percentage of past-due benefits, and the rule sets that ceiling.[1] Do not rely on the representative's description of the limit. Read the percentage in the contract against the rule yourself. Then ask what the percentage is applied to: only the lump sum of past-due benefits, or also the monthly payments that follow. Ask what the contract means by past-due and whether any amount is carved out.

Clauses to check before signing

  • The trigger: the written event after which a fee may be charged, tied to the initial decision.
  • The percentage and the base it is applied to, compared with the limit in the rule.
  • Whether expenses are billed on top of the fee, and whether they are subtracted before or after the fee is figured.
  • Who is paid and how: taken directly from the benefit payment, or invoiced to the family.
  • What happens if the claim is denied: whether any fee is owed, and whether an appeal is covered by the same agreement.
  • Whether any charge applies to preparing the initial application, gathering records, or completing forms.
  • Who files the signed fee agreement with VA, when it is filed, and whether you get a copy of the filing.[1]

Filing and the free route

A fee agreement is meant to be in writing and filed with VA within the time the rule sets.[1] Ask for proof of that filing. A representative who cannot produce it should be asked why before any money moves. Then compare the paid terms with the free route, which is an accredited Veterans Service Organization representative who can help file the same claim without a fee agreement.[2] The St. Louis offices are listed on the Local Help page.

What to write down before the next meeting

Record the representative's name, accreditation details, the percentage, the trigger point, the expense terms, and the filing promise in one place. Then check each item against VA's own pages before you agree to anything. This is a checklist for reading a contract, not legal advice. If a term is unclear, ask for the answer in writing. The Sources page lists the VA pages behind this briefing.

Footnotes

[1] VA Office of General Counsel, accreditation search and rules for accredited attorneys and claims agents, including the fee rules for representation: https://www.va.gov/ogc/accreditation.asp

[2] VA, Aid and Attendance and Housebound benefits, including the statement that accredited Veterans Service Organizations may help at no cost: https://www.va.gov/pension/aid-attendance-housebound/