All attorneys that provide legal advice and assistance with their disability claims and appeals must be accredited by Veterans Affairs. Part of being a VA disability attorney is having the Administration review all fee arrangements made between the attorney and his or her client. The VA has the right to regulate VA disability attorney fees, thus ensuring the veteran that they will not be disadvantaged.
In the past, a veteran had to wait until the Appeals Board made their final decision before hiring an attorney. This archaic rule has been changed; the veteran has the right to hire an attorney anytime after a Notice of Disagreement has been filed.
VA disability attorneys work on contingency:
A VA disability attorney does not charge any legal fees up front nor is there a demand for a retainer when the client has hired the attorney to deal with an appeal. The attorney works on contingency, when they win the appeal for their client, then and only then, do they get paid. Should you lose your appeal; the attorneys do not get paid.
Attorneys are allowed by the VA to charge between 20 percent and 33 percent for dealing with an appeal. Once the case has been won, the fees are usually paid directly out of the initial lump sum granted to the veteran.
If the attorney has been hired to deal with a request for an upgrade they are free to negotiate the fee directly with the veteran and to get the fee paid up front.
The fee agreement:
The attorney and the client will enter into a fee agreement; this agreement must be filed with the VA. The Office of the General Council reserves the right to review the fees and expenses charged by the attorney.
VA disability attorney fees are set by law and are only paid when the attorney is successful in winning the clients appeal. For a free consultation you are invited to contact Jackson & MacNichol, Attorneys at Law.
