Beginning this month, the Department of Veterans Affairs websites and social media channels will show the amount of money it is legally obligated to send to VA-accredited attorneys and claim agents who have assisted Veterans with their disability claims.
While paying attorneys for their services out of the money owed to the Veteran when a claim is granted is nothing new, sharing the data with the public is. And it’s quite striking.
Veterans and survivors have a choice when filing a claim with VA: They can hire a VA-accredited Veterans Service Organization (VSO), an attorney, or a claims agent who is authorized by VA to represent them, and their family, in matters related to VA benefits. Attorneys and claims agents receive payment for their assistance.
While VA-accredited VSOs assist with preparing and submitting claims for free, some VA-accredited attorneys and claim agents provide services for free on initial claims only (it’s important to note that they may not, by law, charge a fee for initial claims). But most VA-accredited attorneys and claim agents provide their services after VA has decided your initial claim. At this later stage in the claims process, they may charge a fee for their services. VA pays the VA-accredited attorneys and agents fees first out of the Veteran’s past-due benefits, often called backpay. These fees cannot exceed 20% of the calculated backpay before any other withholdings (such as military retired pay). If a Veteran’s actual backpay after withholdings is not enough to cover the entire attorney/agent fee amount, the difference is paid to the attorney from VA funds.
Every month, VA will post the amount of money it has paid to attorneys and agents during the last 12 months, the monthly average over the last 12 months, and the amount paid during two previous months. Our goal is to show Veterans where this money goes, why VA pays it and the amount we pay.
- In the last 12 months: $394.7 million.
- Monthly average over the last 12 Months: $32 million.
- November 2025: $29.4 million
- December 2025: $35.3 million
While VA is posting data starting today, and soon it will break down by calendar year, state and congressional district. We believe making this information available to the public is an important step in ensuring Veterans have the tools and information they need to make the best decisions regarding their claims.
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I’ve been on both sides, and I’m willing to pay an attorney, after 25 yrs, and the VA calling me a liar? Basically? It’s more of the point now? Than the money! It’s absolutely ridiculous! The VA does not try to help! My experience, and some other veterans ? Have told me? It’s who you know? This is the problem/ issue! Criminal
This is great information however it does not alleviate issue with VA and our disabilities so I’m dating back to our entry into service during base training.
Nor art recruits taught to keep their medical records for the purpose of their disability claims. I have been battling since 1987 with back issues yeah because I had a foreign medical coverage while in Germany also being lied to buy a VA representative to wait on further pursuing my claim during my time in Europe, which ended up lasting 28 years now I’m having to go through all type of assistance to try to rectify the situation.
It is my experience that, my claim exams were not by qualified medical personnel. Practical nurses cannot assess cold injury or peripheral neuropathy as such has been the case on all my claims.
This site erased my comment.
Recently, it was disclosed that hundreds of millions of dollars were paid to VA accredited attorneys and claims agents over the past year. At first glance, that number can trigger frustration. It can feel like money that should have gone directly into the pockets of veterans. But there is another way to look at it, one that tells a far more important story. Those fees are generally paid only after a claim was denied and later overturned or increased on appeal. When you apply the standard 20 percent fee structure, that reported amount translates into nearly $2 billion in retroactive benefits secured through successful appeals, with roughly $1.6 billion landing directly in veterans’ hands. That means veterans who were initially told no ultimately received compensation. Ratings were raised. Backpay was delivered. Survivors’ claims were corrected. Behind that large figure are men and women whose outcomes improved because someone understood how to identify legal errors, challenge flawed examinations, apply the correct standard of proof, and navigate a system built on statutes and regulations. The headline number is not simply about attorney fees. It reflects billions of dollars in earned benefits that were ultimately restored to veterans who refused to give up and chose to fight strategically.
Looking at the funding, most of us have already suspected this waste of funds VA rather fight us than to pay us for our injuries acquired or aggravated during our service. Especially those of different nationalities? I hear it so often talking to our Veteran brothers and sisters!
Excellent response!
Value this article. Knowing who gets what and from where is important. There’s no free lunch.
Gerald LaBruno, that is a lot of money! What is not recorded is how much money goes to other companies that are not VA-accredited attorneys or Claims Agents. I would venture to say that it is at least as much, if not more than, what is recorded here. VA can’t track those numbers because the contracts/agreements are between the veteran and the company and the veteran pays, normally, after receiving the backpay. Often times they also pay the difference between what the veteran was already receiving in benefits and whatever increase was awarded (monthly). This can range, typically, from 3 months to 6 months. Think about that… if you go from an initial, let’s say, 20% to 70%, that 50% increase would be due the contracted company for a period of 3 to 6 months, usually on top of 10% of the backpay. Think about that! that’s quite a chunck of change! I have filed through a VSO (initial claim), I have filed claims myself, and I have used two of the companies I just spoke of. You can do it yourself but be prepared to spend some time educating yourself on the VA system and the rating process or you will get left in the dust. Also, don’t give up when/if denied, VA is like an insurance company, they deny claims and many veterans stop there and never pursue their claims.
The VA needs to stop sending us disabled veterans to their outside doctors. Those doctors did nothing good for me and hurt me instead of helping me.
I agree, they only advocate for the gov, they are not there to prove your case. You can also disagree with them; they are box checkers and not record reviewers. The Board of Appeals in my case refuse to accept a couple of their evaluations in my cases, they were so bad!
So we veterans that need help (and served our country) must give part of our back pay to attorneys while illegals get free attorney help and free food, healthcare, housing, and other benefits while breaking the law!
DID I GET THIS STRAIGHT ???
Maybe if the VA was there for the veteran instead of hell bent on trying to deny em there wouldn’t be a need for a lawyer.
Remember va has a difficult job what is service related due to so many people abusing the system. Think about this.. young kid joins but only stayed in for 2 or 4 years and hated it the whole time. Now those kids apply for service related disabilities. That kid has no work ethics and relies on false claims. That’s what I think va has to deal with.
I have a Worker’s Comp. case and the lawyer was trying to scam me. I cannot get representation from any lawyer because they are all connected. Is there anyway I can get representation? thank you very much.
too many fellow vets I knew never were able to get “any” disability pay before passing away, which is why I never tried or will. I have enough on my plate without more stress and wasted time. Hard enough to get an operation or treatment. Been going outside the VA for some since I’m always told to wait to see if it gets worse. The attitude with the government is the same and probably always will be. Hate sounding negative but sometimes you just have to be realistic. So trying to prove my problems are service related would be a waste of time and effort and more stress I don’t need. Sickening that so many of us are treated so poorly. If the shoe was on the other foot, you know things would go a lot faster.
I’m mind blown! Forever I was told by VA that it is illegal for an attorney to assist in your initial claim, my thoughts were and are, it is like any other lawsuit basically, why would you want to file your own lawsuit and why do it without an attorney, I want to do it right the first time and be done with it. I was talked into going to a VSO that did nothing but screw me up, over and under and now is no longer a VSO and I just found out how bad it was after our current President had DOGE unf%$k the VA. Gov site and my records magically appeared the middle of last year! Come to find out, my claim was denied because my in service medical records are unreadable, let me know if you think an attorney would’ve helped, my understanding is the records that I entered should’ve been one those the tie goes to the runner cases, no?
I think we should all use an attorney from the get go to cut down on the opportunity for the VA to play their claims games!
I will get off my overly depressed butt and find an attorney this week, I appreciate the confirmation in this article!
Phil, you’ve made one hell of a point, I hear you man. The system is built against us from the outset. My experience has started to bear fruit but the fight remains.
If the DoD decides to withhold information that would allow veterans to get their claims approved the legal teams, fearing litigation, will and have historically kept personnel rosters from veterans and the VA. The VA fails to pursue those records even with epidemiologic statistics showing that indeed something is missing. We fight if we can against denials from the VA and boilerplate language as responses to our FOIA requests.
There are VSOs that are so overwhelmed that they cannot effectively assist veterans. As many state here and elsewhere, the system is built against us.
When I first set out on my venture to attempt a claim for several comorbilities I faced the wall of shameless denial language. This when tied together the comorbilities point directly to chronic toxic exposure. Where the VA has the duty to assist by law there is a vacuum of non-attendance to those duties.
In my voyage to get to the truth I was fortunate by an administrative error from a FOIA office and through a forensic dissection of the files provided to me. Therein four decades of deceit to veterans searching as I have for recognition of the toxicity of the site.
My battle continues to establish recognition of the truth for my brothers who served there but also their widows who’ve been systematically denial any relief.
It all started with a denial by NARA and the VA to provide my Service Record. Without it how can I make any claim at all? Luckily I had a copy on separation available, twenty years of handwritten proof of Service Connection.
So I scanned the entire record all 120 pages. The scanned images alone are worthless without medical knowledge to decipher annotations. Here is when I decided to find a tool capable of assistance. Herein I discovered the value of AI. The tool was able to read in the entire record and provide me with a structured transcript of my SRs.
Imagine that I now have a powerful tool capable of looking for trends and initial outlets of issues that possibly could be claimed. This started to get interesting eventually pointing to possible chronic toxic exposure to arsenic. Arsenic, wait a minute I recalled an instance where I was told while visiting friends there that they were drinking bottled water due to arsenic and other stuff.
So I went forward and developed my claims still without knowing the relationship between all of my comorbilities. The VA set me up with their DBQs, I live in Spain so the logistics are much more difficult than in the States. The evaluator looked at the documents stated that he’s seen a relationship with arsenic more powerful than anything I alleged.
Shortly thereafter came the denial letters, one concession and several deferred issues. Due to the complications I felt getting a VSO involved would help since when I queries several law firms I was immediately inundated with emails and calls. I get confused with so much helpfulness.
That VSO proved to be difficult and appeared to be overwhelmed. In searching for a VSO I had also read a few friend’s obituaries, both listed DAV on their listing. Being dissatisfied with the VSO I opted to change.
They’ve lined things up and although I’ve had to file supplementals to my claim I’ve gotten a couple of concessions. I’m now awaiting the results after I once again complete a set of DBQs.
These a part of the claim when the VA realized that I may have been right about the chronic toxic exposure. What may have triggered this is a nexus theory leading to the conclusion of more likely than not that I had a chronic toxic exposure at that duty station.
In a couple of months I may have more adjudications or have to escalate. Either way, I’m still in the fight to reach the truth. To get there I will only stop when the site is recognized by the VA so that all who served there or their survivors get their relief denied throughout four decades.
File under New and Relative Evidence, hopefully it was during the old legacy rating structured system. Your Nexus of your cases is your Service Treatment Records (STR)-(MTR) and Private Records also, very important. I use the DAV, but keep in mind you are the best advocate for your own cases.
WAKE up Veterans: Please start using the VSO’s, I hate to see that kind of funds paid out to attorneys; if they bill is $3000 or whatever, that money comes right off the top of your grant! That’s a generator, or a retro fit shower, and so much more.
Unfortunately, not everywhere has good VSO’s. Sad but very true. I asked a question online and left a voicemail for the one in my county. Nothing. This was over a year ago! I’ve called back many times. Not one call back or response to email. Everyone I’ve spoken to has had the same issues with them. I believe we only have one in my county which is crazy for the amount of vets we have. but the county to the east of me has multiple VSO’s. But you can only use the ones in your county.
That’s a staggering amount! I would recommend that the law requiring 20% fee for amount of back amount due to service member needs to be completely overhauled. I believe it should be lowered to 10% and not to exceed an hourly rate (decided by the VA i.e. $150/hour). The hourly total fee should not exceed the 10%.
We have been working with a VA accredited attorney for the past three years. The people working at the claims center in Wisconsin keep denying my husband’s compensation for illnesses related to exposure to Agent Orange mainly because they have NO IDEA how to read a ship’s log to determine where the ship was at any given time. My husband had a letter from the VA doctors in Charleston SC that says he was exposed but these idiots can’t seem to read either. The VA could save a lot of money in attorney fees if the people in the claims dept’ knew what they were doing. The sooner the VA replaces all these folks with AI veterans will not have to hire attorneys to fight for compensation that should be clearly granted. Unfortunately my husband passed away from suicide on Nov. 30th/25 but I intend to keep fighting on his behalf. My next letter is going to be to our Vice President and I am fully prepared to take this matter all the way to the Supreme Court if necessary. Please do something about the claims officers in Wisconsin
Interested in defamation of Character and EEO law suit.
Wow! That’s a lot of money that could have gone directly to Veterans.
How do I find an attorney that will help me file my claim in my area? Thank you
Is this an indicator of poor prior handling of claims from the VA? Why should a Veteran have to lawyer up to get the benefits . A better representation is how claims denied last year that due to other agencies resubmitting are now paid? Should tally up the lessons learned for Veterans vs automatically denying submissions. Truly I am ashamed that we treat Veterans this way. We possess years of understanding and follow on execution of the tasks – apparently being vague is the strategy. We must do better!?
These figures are staggering. Instantly I get a sick feeling in my stomach and think, how many Veterans removed themselves from this world because of all the trouble the VA denied claims caused?
I have been a life member of the DAV for +20 years. When I tried to get them to help me with my claim and then the appeal it was all older volunteers. God bless them, but that isn’t who I want “fighting” with me to get what I deserve. I had to contact the HQ to get someone to call speak to (not leaving a message for them) and even then that “Regional Commander” only called back once. 8 months of that and I went with a VA attorney.
What a completely broken and tragic state of affairs this is. I am glad it is being addressed and pray that illustrating these figures propels that change.
It is really a shame and a sad embarrassment to penalize to penalize deserving veterans with such a financial loss. To pay for something they earned and sacrificed for.
What a way to express the nation’s feeling. I have heard of soldiers dying, who had legitimate claims but poor or no representation. Many died without a just judgement. This can’t be the America that we sacrificed our lives for.
Any compensation back to me if I’ve already paid the attorney?
That’s heartbreaking, to see that we veterans have to hire attorneys or claim special t help with disability claims. VA already knows if that veteran will be approved by checking it’s medical records. But VA makes it so difficult or even impossible to get approved. This millions and millions of dollars should be for the veteran not an organization that get wealthy of veterans.
Yes, I am a veteran who filed my appeal throught an authorized VA attorney. However, in the long term, I believe the money paid to an attorney when an appeal is granted in favor of the veteran the VA should pick up the cost of the attorney.
Good insight.
Agreed! Since they’re the ones who create the need for an attorney by denying so many claims!
I may need help in the proposed reducing my 100% to 0.
I filed a hlr, then hired a law firm told them not to do anything until I heard back about the hlr, it was approved then they filed some supplemental claims I didn’t authorize and got 20 percent of my back pay
I need a representative.
My claim was denied after going all the way, via live video cam, to a judge in DC.
My deceased Navy Seal spouse died from an Agent Orange related disease after service in Viet Nam surrounding waterways.
His records were supposedly destroyed in a fire.
I gave up after several years of filing forms and waiting, then filing more, and waiting again.
He died at the age of 58 when his heart basically exploded.
After what he went through to become a Navy Seal, and the experiences he had while representing America, the Navy should be ashamed.
The Navy took him, and does not care that it killed a Godly man that loved his country.
A good start would be the VA assigning CP exam Doctors that are specialist in the field of the claim. I went to CP on sleep apnea claim, Have type 2 diabetes, heart issues, quad bypass, severe osteoarthriti s, Viet. Nam 3 tours, Veteran, have CPAP machine, Dr was a sports medicine guy, said not service connected and wrote I’m morbidly obese. I am 6’5” and weigh 235. lol. My ratings because of that stupid Orange shit are at 150% but VA math is 90%. that’s where this stuff has to be corrected. Deny Deny until you Die
I need a representative
VSO’s is your best choice, and it’s free. Attorney fees are deducted from your grant amount.
I need help
What’s striking is, the VBA manipulating the plainspoken intent of the portion of the CFR that pertains to claims, to such a degree that these published numbers only represents 1/5th of the amount of money the VBA was willing to keep from the veterans who it belonged to.
There wouldn’t be a need for paid intermediaries, if the plain-spoken portion of the laws in-effect, weren’t ignored by VBA staff— who operate with disregard for the law, and do so from a position of anonymous impunity.
If the VA would quit fighting the veterans who have valid claims, and even valid Nexus letters from Cardiologists, Pulmonologists etc, then the veterans would not have to go get an attorney or agency to assist them. I have had cardiologist Nexus letters and a Pulmonologist Nexus letter, to only be looked at by an NP or a PA and stated with a “NO”. The fact that veterans have to fight tooth and nail for legitimate claims, while we see some with sleep apnea, or some skin conditions getting 100%. The fact that veterans get screwed largely, while we see the federal government in recent years for example cater to “illegals”. Yes I know two separate pots, but it is the same caldron of problem. I go to a VSO because the attorneys cost a lot of money and most of the time are a waste of time and getting ones hopes up. The Military did things to us in the course of our service time by working us hard, (as it should be) however; when we break down as a result of that service, time to pay up. We live traditionally shorter lives and with more health issues because of that service.
DON’T BE FOOLED!
This only proves that the VA is withholding legally obligated funds from the disabled! If the claims were not valid in the first place then the VA would not be paying out to attorneys!
The VA is manipulating the situation by acting like a thief who blames the cop for arresting them; rather than their own actions. The VA is not taking accountability and victim blaming (vets are victimized by the VA).
Please also add an explanation that attorneys may only be paid on claims that the VA has denied so the $394.7 million dollars paid to attorneys in the last twelve months means that VA failed to pay veterans on those claims which when they were finally won by attorneys for the veterans, it resulted in the veterans being awarded five times the $394.7 million dollars , a total of 1 billion, 973 million and half dollars, which VA had failed to pay when the claims were initially filed without the assistance of an attorney.
After reading comments from other Vets about their VSO, I can say that I have the best ever and she really cares. I am not going to give her name because she will instantly have a million people reaching out, but she has been with me (and many, many, other Vets in the Phoenix area) and refuses to give up. I am blessed and I pray that others of you will be able to find a VSO like mine.
Wow. What a huge amount. It is a shame that the VA, with their “NO” attitude drives so many Vets to seek legal help for things that should be obvious to the raters. I say, keep it going Vets….the government can waste millions trying to decide why mice act the way they do….we humans deserve a little bit of the pot. The biggest difference is that we Vets have to FIGHT for our benefits while mice sit idlely by waiting on the money to roll in.
Thank you!!!!
Accredited Veterans Service Officer. I have on our books over 3500 Veterans on the computer. I have never charged.
I have been looking for someone to represent me in trying to get my disability rating higher. Can you help me? I called a lawyer that was on the list and he said he had changed firms and couldn’t do it. He said he would get name of someone that could and he ghosted me. Can you tell me who to contact?
Where are you Alan Perry? I need help.
I served during Vietnam on the USS Vulcan AR5 as a machinist. The steel decks destroyed my feet to the point of getting an honorable discharge with medical reasons. I get $484/mo while illegals get around $4,000 plus housing, medical, dental, legal help, and free food. My teeth are rotting out of my mouth but I don’t qualify for that!
WHAT CAN I DO ABOUT ALL OF THIS?
I’ll be 80 this year and 1966 was a long time ago but is my $484 a fair amount of money to live on with only getting SS too ?
I think when the VA denies a claim and the veteran must hire an attorney and wins the VA should have to pay the attorney fees. The veterans have already paid and suffered enough.
You know, in all my legal discussions, on this topic and others, your premise has never even crossed my mind! I support it 100%, but more, it’s such an obvious assertion of liability, I’m going to submit a request for rule-making. It won’t be successful, but it will get mountains of attention to the topic.
Hey:
In addition to complaining about the quality of the service you received or didn’t receive from the veterans service organization who assisted you— how about joining one of these organizations ; going to a meeting and expressing your comments and concerns to the organizations governing body?
Bitching here and to each other only lets you vent—does nothing to resolve the issues.
Also maybe your situation doesn’t meet the (s) required to support a claim or an increased rating.
Case in point:
I was a county veterans service officer in a former life. A veteran came into the office and wanted help to file a claim for service connected disability benefits. Apparently he felt that his active duty service in the us army, all stateside left him disabled with droopy eyelids and overactive salivary glands.
He could not remember any incident or injury that caused these afflictions. Nor could he remember when he was first afflicted with these dread diseases. Never sought treatment for these disabling medical afflictions while he was on active duty.
He was quite disappointed and dissatisfied when the VA rating board turned down his request. He was even more irate and incensed after they turned down his claim on appeal!
He informed me and the VA rating board and myself that we would be sued shortly as his Dad was a personal friend of one of the state senators. Fifty years have passed and I have not been served yet.
Umm, grandpa, this is a comment thread on an article that’s literally ABOUT claims being denied, that shouldn’t have been.
Your 50 year old anecdotal experience with a specific veteran, and your callous under-toned shaming of other veterans with snide commentary on his “all-stateside” service, not only is irrelevant to the article and comment thread, it’s a lie.
The only people who use the word “state-side”, are non-military, federal employees. So, what’s your job title at the VA?
Really good information for future use.
On my 4th go around for having my VA Disability Claim approved, I ended up utilizing one of these VA-accredited attorney groups from California. They had good reviews and would physically come to New Orleans to represent my case in front of the Claims Review Board. Two days prior, the lawyer over my case called to inform me that he would not be able to come to my hearing and that he would be formally recusing himself from my case. I not sure what his intentions were with this, but I confirmed that with his recusal, that he would not be accepting the 20% legal fee out of any award for arrears that might be awarded. That is, if I even won the decision for approval and for what percentage rating. I asked him to contact the VA to inform them of this and to NOT cancel the Claims Review Board. He stated that he had sent the official letter and would call to confirm that hearing date was still scheduled. Both the lawyer and the VA Claims Department stated that the law group would not be paid the 20% out of my awarded backpay.
I show up to my hearing date, only to find out after 45 minutes of waiting, that it had been CANCELLED! Called lawyer, which he promised to have NOT cancelled. I was asked if I wanted it rescheduled (aka months to years) for another hearing date. I contacted the DAV (same building) and with 40 minutes before they hearing, agreed to take my hard luck case. In the end, by the Grace of God and the Navy SEAL DAV agent, I was properly and finally awarded my VA Disability Claim.
So the stab to the back came when my arrears award was generated. The amount had 20% (around $8k) removed for legal fee payment. When I contacted the VA and discusses this, they claimed that, “There is nothing that we can do. It is Federal Law…blah, blah, blah nonsense”. They even verified that they had the lawyer’s recusal letter and agreement that he was not due the 20% legal fee. They said that it did not matter. It had to be paid to the persons who represented me at the Claims Board Review. I told the VA that who represented me was the DAV. Furthermore, I told them that if the 20% out of my award payment was to go to anyone, it HAD to be the DAV. I NEVER received any confirmation, nor found out, where that 20% fee went to. Both the law group/lawyer and the DAV have NO record of it. I sure as shoot’n did not find $8k in my bank. So from reading this article, the most likely scenario, is that the VA used my $8k to pay legal fees for other Veteran’s Claims that were insufficient to make the complete 20% payment.
‘If a Veteran’s actual backpay after [withholdings] is not enough to cover the entire attorney/agent fee amount, the difference is paid to the attorney from VA funds.
Show me the money, VA. I would like to know who benefited from my pain and suffering of practically being homeless for 4 years in agonizing pain. All thanks to that Obama character.
File an OIG report, and require follow-up. Insist that the payment was unlawful, if it even occurred at all, and if it hadn’t, someone within the VA had broken the law— because you’re short $8k on a payment they never disbursed.
Not sure why you blame President Obama..???The system has been slow, and tricky for years. But at least now we do have a visual target for making it even harder to file a claim, process a claim, and actually receive some kind of benefit; that would be Donald J. Coward (Oops!! I meant “&@%#”!! (*Speaking as a Veteran whose family member blessedly missed the firings (after 20+ years) and has been “furloughed” repeatedly (3 times since the orange man took office); as part of the 2025 Musk/Trump “fun-fest”.??!!…(Excuse me if I can’t blame Mr. Obama who, if he didn’t help you, at least he didn’t try to deliberately hurt you??!)
NEED VA LAWYER. tHANKS
I need a va atterny. Cost? Possible
BE ADVISED ! ANY/ALL (combat vets; or not) = GET EDUCATED ! MUST BE PRO-ACTIVE ! GO ! to YOUTUBE dialing in EITHER: American Medical Experts; (former) vet (now) Dr. Marshall BAHR; XTERRA.health.com; Veterans Info Tap; if not (aux’y site) VACLAIMsACADEMY ….. BOTTOM LINE: these are ALL: “Evidence” based claims PRESENT – day veterans who KNOW their CACA ! SIGNED: combat USAF/VN vet (’68 – ’88) AIMHIGHINTOTHEBLUE! ……. “TBirds” born ’69/’70 look ‘at’ rest these COMMENTs below for which am speaKing for MENTALLY intell’gt vets (not on streets of America) “nuff stated” …… OUT HERE !
Life insurance
Where are you, VA secretary Doug Collins? These comments should act as your suggestion box. Pushing through the backlog of VA claims it’s not a success story as most of them are denied. The entire VA claim process needs to be simplified and help Veterans who have health issues. The VA has created the need for lawyers because it’s the VA process that is drastically flawed.
No Veteran should ever have to use an attorney, if the VA would do right by the Veterans that $395. M could go to help pay on Veteran claims. I have been treated fine in face very good but I have heard of some that have not.
This process is so frustrating for vets. There are videos and books available, but in my experience, the DAV VSO was of no help. Couldn’t reach him, especially after the local VSO left. With the process being confusing, especially if multiple or rare conditions are involved, vets have no choice but to rely on a VSO or an attorney. Delay time costs vets money as they might have to make it without working. If the VA hired and trained a few more VSOs and competent raters who could ask questions and get better results more vets could get a package through and get a fair decision without needing to turn to a lawyer. Most vets going through this process are actually disabled and need the help and can’t afford the lawyer.
How do I connect with a VSO thank you
Hi, my name is Michelle and I’ve spent about 13 grand on my attorney for divorce and we’re not even divorced yet. How do I get this claim taken care of I’ve been in the system for many years, I’ve been disabled a very long time as a vet and I got a smallpox vaccine that was expired that destroyed the nerves in my stomach and it’s paralyzed. I had important in my chest right ears with bedbound working on my RN in the meantime, my fiancé and husband were abusive PTSD involved. Lots of abuse and theft the police FBI see CID and NCIS all looking into it. Thank you
How is posting the amounts paid to attorneys going to help veterans? Is this supposed to shock the Uneducated public into some sort of uproar and demand lawyers not get paid? Or should we be arguing against Trump Administration’s scrapping of the VA’s manpower that has created a backlog and the VA’s absurdly difficult and complicated paperwork and rating system that is the primary cause for a veteran’s need for attorneys in the first place? I get that it’s so easy to get the numb brained public into an uproar by using misdirection, which is what’s happening here. The real focus should be on the fact that the manpower at the VA has been slashed AND the attempts at paying veterans less by creating new and difficult rating systems are the problem. These obstacles force some vets to seek attorneys to help overcome these obstacles. That’s where the complains should be aimed at.
I have had good VSO’s and bad ones. It really does seem like the luck of the draw. Unfortunately I don’t think many of the veteran VSO’s have adequate training to deal with the many causes for benefit claims they are confronted with. I think training should be mandatory including annual refresher courses, and this training should be sponsored and paid for by the VA. I think they should be required to display some level of proficiency before they are allowed to become VSO’s. Having said this, personally, I would never hire an attorney to fight for my benefits. I know from personal experience that they specialize in the art of delay because it makes them more money.
Agreed, all across the board.
why not show the average amount paid per claim?
Because it’s misdirection by the current administration at its failure to make the process easy for veterans to get their rightfully earned pay and instead get people mad at attorneys for helping vets. IF they REALLY wanted to help the problem, they would make the VA process easy enough to where we wouldn’t need attorneys in the first place. We didn’t need attorneys to enlist in the first place, this shouldn’t be any more difficult.
That is $400 MILLION in the last 12 months alone that SHOULD have gone to VETERANS (not lawyers). But this only proves that the VA processing is inadequate and corrupted. For one thing, it should not require a NEW complete “start over” application to apply for an increased rating for conditions that are either additional or were ignored by the VA on the first rating! It should not require any lawyers. This data is sad data, but it is data for the POLITICIANS that cries out for ACTION! Change what the VA is doing with the claims process so that a lawyer is not necessary!
You need to also show the total amount of VA claims paid out, not just what was paid to the attorneys.
If all of the VA-accredited Veterans Service Organization (VSO) actually HELPED the veterans, maybe there would be no need to hire lawyers. I tried to get help with my claim from 4 different VSO’s including a state VSO (can’t remember what they are called…besides useless.) This is a new issue with VSO’s. In 2016 and 2014 I had fabulous help but I lived in West Palm Beach. So, maybe the quality of care is dependent on your location, which for me is now Sarasota. They are impossible to get a hold of, act like they don’t care, throw a list of form numbers to fill out at you, and then just leave you on your own. The only problem is that government forms are notoriously difficult to fill out and when you throw anxiety, headaches, issues with concentration and other medical issues that interfere with your ability to complete the forms, the veteran loses out. If you can manage to get through to the VSO, they are rude and abrupt with you (primarily the state VSO…the one actually getting PAID to help us!!!!) and make you feel frustrated and stupid. So most veterans have to resort to hiring lawyers. It’s not right. Maybe you could take the funds used to pay the deficit between what the veteran owes versus what they get to HIRING *QUALITY* VSO’s to help the volunteer VSO’s, you might actually SAVE MONEY and help the veterans keep everything owed to them instead of going to lawyers.
Agree completely. The fabulous VSO’s in my county never lifted a finger to help me. I tried about 5 of them. One said blatantly, “Do it yourself.” What good is that? The female paid by the state REFUSED to look into my initial claim at all and did absolutely nothing to help me! Useless!
Correct. I went thru the DAV twice with an epic fail. The third time was in last minute desperation, caused by VA accredited law group recusing themselves 2 days before the hearing!
The VA needs to also place a fee cap on the amount awarded to attorneys and claim agents. Also the VA should not be paying the attorneys or claim agents directly, the attorney and or claim agents should get paid by the veteran when he is awarded his backpay. The Veteran hired them, the veteran should pay directly.
I agree. In my case (above posting), I could have prevented the loss of $8k to the Black Hole that is at the core of every Federal Department. Where did it go? Absolutely, no one seems to know. There has to be TRANSPARENCY in these transactions, especially considering, it is from the money owed to us.
There are accredited staff at VA facilities, claims representatives trained to provide these services to veterans and their families FREE OF CHARGE! These men and women are trained professionals. Assisting veterans and veterans dependents through the entire claims process is their full time occupation. They receive updated training frequently.
They are co-located in veterans administration facilities. No one else has the knowledge, skill and abilities that these claims representatives have. If you are considering filling a claim from the Veterans Administration please contact one of the veterans service organizations such as American Legion, Veterans of Foreign Wars, Disabled Americans Veterans or other service organization of your choice.
PS: I am not now and never been an employee of any veterans service organization. I have however received invaluable assistance from them. I know where of I speak
Why my disabilities like hearing have to be renewed
so we pay for what we have earned today???.how do you earned something you payed for and have to pay for it again. that is alot of money for something thats earnd already and already been paid for?? .maybe we should think about this it might be way suicide is up in vets??
I am a lifetime member of the VFW and DAV so I approached both of these organizations for help with submitting my claim. The VFW was not helpful. The DAV on the other hand was extremely helpful so I would suggest consulting with the DAV first for anyone dealing with VA claims. You do not need to be a member to get help. They are non-profit and the last time I checked, they do not receive payment from the VA for their services.
Great comment, I have received great service from them. I am reading all the comments and I understand the frustrations. 20+ years of service and my got cut ilife just got a reality check. 18 months to go. What I can tell you by experience, is the VA is a reactive system, not proactive. Unless you are blessed with good medical staff, they will do what ever to assist, most people do. The issue is the military medical service and the attitudes instill on sailors, airman, coastguard man and soldiers. Do not complain, because it makes you weak. At the end we are left alone to pick the pieces, no medical evidence, no records. Unfortunately, too many will try to take advantage of such a broken down system. If we were treated like machines with proper maintenance and care, we would have all the evidence in the world to file accurate claims. The way the system is intended, but we are not, so we are disposed after service to fight legal battles we were never train for. The root cause of the problem is the medical tracking system and the lack of care by supervisors while in the military, everything else are just the reminisce of bad leadership. If we advocate to fix the problem within the next generation will be able to fall in line with that they need.
I really don’t understand why we are spending so much money on attorney fees when we have more than capable VSO personnel doing the job. I have filed for disability and upgrades 4 times and every time my case was handled satisfactory by my local VSO! That money needs to go to the Veterans and their families(maybe better burial benefits)!
How lucky you are. My “local VSOs” would do absolutely nothing to help you. You would get no help here in my county. Especially for upgrades. Not one trace of help. They just wanted the title and then do nothing but yap a bit and tell you to “do it yourself.” Unfortunately, it looks like the VSO’s differ drastically depending on where you are in the nation. “Handled by”? That’s laughable here in my county.
VBA really needs to get it together. To make it this difficult to receive EARNED benefits when suffering is SINFUL. C&P exams should be eliminated. Hire medically educated Raters and teach those VSRs how to properly handle a claim when received online in Janesville. Also make the VA doctors fill out the DBQs. It is that simple. These VA doctors make good money, have NO duty and only work 40 hours weekly with 12 holidays, annual & sick leave. It’s PAST time to do the RIGHT thing. Vietnam veterans are still NOT compensated and so many are horribly sick just like us Desert Storm vets.
Agree completely. Well written. The C&P “exams” (which was a joke in my case by some girl who looked like one of the clinic receptionists) should be eliminated. Who knows you physical condition better than the VA DOCTOR who has been seeing you for the past 12 years?!! I believe the VA doctors themselves should FILE our disability claims for us. When the infirmity reaches a defined threshold of initial disability. This system would have medical credibility for all parties.
COMPLETELY AGREE Jim – nicely said! It makes too much sense I guess. Military Intelligence, right?!?!
Thanks for the information! Nice to know!!
I am an Army veteran and an attorney. On a pro bono basis, I help veterans appeal their disability compensation claims. I have helped a WWII veteran and multiple Vietnam era veterans obtain the disability compensation benefits they deserve. I am involved in these cases because the VA treated my father poorly and my brother even worse, allowing him to die without his dignity due to VA claim processing times. For me, focusing on the money paid to attorneys is a smokescreen to enable the VA to avoid their responsibility.
I would prefer that the VA focus on Amanda’s claim which has been in the VA compensation system for over 20 years (no exaggeration). I have been fighting the VA for 17 of those years on behalf of Amanda. She has experienced incomplete exams, gross misstatements of the evidence in the record, doctors with no idea why they were examining her, doctors with a seething disrespect for her as evidenced by the word choice and tone in their opinions, and the BVA’s absolute refusal to consider a prior BVA decision where the BVA granted benefits for the same two medical conditions suffered by Amanda. As a lawyer, I think I have added value to Amanda’s case. I added value for my WWII veteran. I added value when the VA scheduled my male Vietnam-era veteran with a back issue for a file review by a gynecologist – no kidding.
There are many quality VSOs and lawyers working on behalf of veterans. Don’t allow the VA to divide those who help veterans. Ideally, lawyers and VSOs would team-up. The VSO providing the practical and military expertise and the lawyer providing the legal analysis and argument presentation.
In the end, it’s sad that I am involved. It means that the VA system has failed our fellow veterans. The VA must be held accountable.
“Thank you for your service,” must be more than a feel-good phrase; it must include helping all veterans who stepped forward to serve.
Still in the fight.
I need a attorney to file an appeal for my rejected claim.
In total, it cost me nearly $11,000 to get the help I needed because every VA assistance venue were giving up halfway through our efforts telling me….That’s just the way it is. Initially, I went through DAV then VFW then American Legion and never got more than the initial 10% for Tinitius. After hiring someone who understood the system and knew after a complete and total review of all my records include those I did not know how to get for myself, trully improved my standing by a lot. Even though I really could have used the nearly $11 Grand, In the end, they delivered what they said they could and for the agreed fees.
It becomes more and more confusing when veterans must revert to using legal counsel instead of VSO from veterans organizations or State Veterans Counsellors. Initial claims as stated in this article, are prepared by VSO’s for most part it is followup to the claim or claims that finds legal counsel being involved with the using of veterans funds from the Veteran’s yearly budget. I was a VSO for a State at that time using legal counsel meant the payment came from your claim a specific agreed upon payment between the veteran and the lawyers firm. Is it not in the best interest of our veterans to not pay lawyers additional from the VA budget? Couldn’t that monies being put to better yse for veterans? An agreement could be raised well it’s still being paid from the VA Budget yes, but when an agreed amount is documented in writing that is then the agreed upon payout to legal counsel no more comes from the VA budget in addition to what the veteran agreed to
I find it sickening and heart-breaking that the veteran has to pay the attorney. VA should. I have nothing against attorneys and glad they are available to help vets but it should not be necessary. VA has some quality people but even the most diligent are left with poor training, constant conflict w regs changing. I am fortunate as my whole family are attorneys who are qualified to protect me. I am sorry for the way we are treated.
I am a DAV. 90% 100% would change my life. These organizations are making a lot of money. My experience with the VA has not met my expectations. Seems like the only way I can get what I need is to pay $10,000, But who can afford that
I paid 11,000 to vererans guardians attorney’s for my claim. It killed me financially
explain. Attorneys are paid out of the award , the balance is paid to the vet. With the attorney fee capped at 20%, the vet gets at least 80% of the back pay. How does that kill you financially?
Well, for myself, that backpay award was already spent on past due debts, fees, loans, etc. to survive the 4+ years that I was kicked to the curb with a debilitating Service Related Injury, with no effective medical care from the Navy. Trying not to become an absolute financial, on top of being a physical burden to the Family. I was extended credit and had some debts locked into a hold status, solely out of Respect for my Service to this Nation. I would not dare sully that Respect for Service Members and Veterans, so I made sure to immediately play these first, in FULL, out of the award. What was left over was barely enough to live a few months on. So yes, I can very well see exactly what Mo is talking about.
Transparency is key. You should also share whether there are any limits on billable hours or cost per hour. And keep an eye open for shady practices since it sounds like this says VA is on the hook for billings that exceed 20% of awarded back pay. Normally the size a potential settlement keeps attorneys in check but it could get scary if the payer has an open checkbook.
This is EXACTLY like Civil Courts and Traffic Lawyers. There is an entire system in place that guarantees payout to the lawyers and funds to the Courts. In this case, Federal Funding to the VA. The Lawyers are almost scan, file, and click. If they even represent your case to the Claims Review Board, they can easily follow the scripted process for most cases to earn their 20%. All of this, by the way, SHOULD BE able to be done by the Veteran themselves! Those with hard luck cases that don’t follow the scripted process….well, they proceed, up the creek without a paddle fashion, for years to decades.
We would not have to hire an attorney if the VA were not so difficult to deal with regarding disability compensation. It is the veterans’ money that pays the attorney fees!
This article is not for veterans. It is for politicians. If there was an individual breakdown that shows each veteran how much they are losing by using an attorney, they might just fire that attorney since they can also get benefits without using an attorney by using a service organization that helps for free. The US is a society that is governed by laws crafted by the litigators (the majority of politicians are lawyers them selves). The military and military adjacent organizations like the VA, are rife with fraud, waste and abuse. Instead of Doge concentrating on social programs like social security, SNAP, medicare, and medicaid, they should be concentrating on the DOD with it’s almost a trillion dollars a year budget.
Hello, I was diagnosed with neck cancer in June, 2025. I needed Proton radiation wich the VA Hospital ( W LA ), doesn’t have, so I went to California Protons wich is affiliated to the UC San Diego to receive my treatment that lasted from Aug 18 to Oct 6, 2025. The cancer is gone, there is no trace of it but the VA Hospital Los Angeles has refused to refer me to California Protons and now the bills are coming in because I had to use Medicare and I’m in debt that is leading to insolve. ncy and possibly homelessness. Help ! Victor E. Echeverria Note: The Dept of Veterans Affairs runs ads that when a medical condition cannot be treated at the VA Hospital the patient is outsourced to outside care through Community Care. Dr. Anthony Bejaiini is my oncologist at the W=LA VA Hospital, the treatment available is the same as that from the 1950’s. Thank you for your time and consideration.
Sorry to hear about your situation. I do hope you find some assistance.
Thank you for doing this FINALLY. No Veteran should EVER pay an attorney or Claims Sharks for representation unless at BVA with a complex claim. STOP the steal. When I worked for VA in 70’s and 80’s the fee was only $10 or $15 which chased the scum suckers away. AL, DAV and VFW have trained ACCREDITED reps and every Veteran should use them – plain and simple!
Easy to say. Except many of us are having issues finding a quality VSO. Or one that will even return your call. Not all VSOs are equal. And not all care.
You are right, not all care. You just have to be lucky to find a good one. I met one at Havey Davison Motor Cycle as they was camped out motorhome style on the property. This man should have never been an VSO, the badest of the bad, I had a written letter from a friend who knew of my disablity, he read it, and ask what was my rating, I told him 100%, as due to umemployability, he told me since you are 100% you can not get anymore and can I keep this, not thinking but believing him, I said, yea. Big misstake. Years later I found out that I could have gotten more, but not, no letter and my friend had died, I have nothing else to go on. So, just be careful, they are not all out there to help you.
No VSO in my county will actually get off their butt and DO anything to help you. I tried 5 of them, including the PAID female from the state. (She refused to help at all, even with my initial claim.) You may have been lucky, but here, the VSO’s are a total FAIL. Utterly useless. One told me bluntly “do it yourself.”
Thank you VA. The American Public can see that the ones who signed a blank check with their lives, and sacrificed their health and youth, while the rest of the world was out enjoying their youth and networking, getting their education and experience in the business world, those people are fighting the VA to the tune of $394.7 million a YEAR to get the benefits that they have EARNED, and the Veterans Administration is FIGHTING THEM to keep them and would rather pay law firms than the ones with mental illnesses, chronic breathing issues and skin issues and cancers from the burn pits.. You posted this..
This story needs to be clear that, by default, the fee money flows from funds that are owed to the veteran (their retro award) and is simply diverted to the attorney/agent under the signed fee agreement.
The only time funds that are not part of what the veteran actually receives may flow to the attorney/agent is when VA makes up a shortfall between the fee and the available retro. This is very rare.
shortfall??? the Veteran receives LESS of THEIR lumped benefits and the lawyer gets it
I filed my claim and was evaluated at 100% from my RAD. The amount was around $40K if the lawyer was involved they would TAKE 30%
what is a shortfall???
Even if I was at 80% and then filed for an increase and then got to 100% and next check had a lump of say $3K the lawyer still take a LUMP SUM
Why not do it yourself or get a VSO/friend to help… If your telling the truth… then it’s truly not a hard process.
If this is vary rare why is $400 MILLION in the last 12 months the amount… sure seems to be a large number to be VERY RARE.
Do you work are the VBA???
You misread what was written. The total amount for the year isn’t from the rare cases of a shortfall. The shortfall arises when the veteran owes money to others besides the lawyer that are deducted first. From the article, “These fees cannot exceed 20% of the calculated backpay before any other withholdings (such as military retired pay). If a Veteran’s actual backpay after withholdings is not enough to cover the entire attorney/agent fee amount, the difference is paid to the attorney from VA funds.”
Do you understand???
Actually, there’s more to it. When a veteran appeals to the US Court of Appeals for Veterans Claims, attorney fees are paid from VA funds (not the veteran’s funds) per a law called the Equal Access to Justice Act (EAJA) if the veteran wins at least a remand from that court. The attorney fees are paid from VA funds after being approved by the appellate court. The fees are based on an hourly rate and how many hours of work the lawyer has put into the particular appeal.
Good informed article.
Thanks dob
I had been trying since 1984 to receive benefits for my service in viet nam. I finally got to 40% and was told by the cap at Dallas Va hospital to shut up and be glad for what I received. Then I hired an outside lawyer and got 90%. Now I would like to open a new claim since my kidneys have failed, I am on dialysis and can’t work anymore thanks to agent orange exposure. I’m not sure that I can trust the VSO. I would probably be dead by the time that I received a ruling.
If the VA wasn’t SO Corrupt in Screwing Veterans out of their Benefit money, they wouldn’t have to payout attorney fees !!
Amen! Exactly right, Brother. There should be no need for lawyers. Why can’t the VA doctors determine if you are disabled and file a claim FOR you in the VA hospitals?
Exactly! The REAL problem here isn’t how much is paid to attorneys to help veterans, but the fact that veterans need to hire expensive and professional lawyers to fight the VA to get paid what is OWED! The current administration’s slashing of VA manpower isn’t helping either.
I’ve tried to work with most of the “free” claims agents (AMVETS, VFW, etc.). To their credit they’re universally over worked, with probably at least hundreds of claims/clients per agent. But, they’re also in my experience slow, generally unresponsive and not nearly as knowledgeable as one might hope. I’ve received exactly zero help that resulted in a disability increase from a “free” claims agent. So yes, I’m happy to pay a professional for assistance that delivers a positive outcome for me. The VA hates these people and services because they identify and highlight the general incompetence and inconsistency of the VA disability system.
Exactly right, Brother, and my same experience. The VSO’s here have no interest in doing any actual work for a veteran. They just like the title, “prestige,” and the training sessions. None ever did anything for me. I tried 5 of them in my county. The PAID female from the state stated bluntly that she would not take my INITIAL claim or help me in any way. One of the others told me bluntly “do it yourself,” rather than offer one iota of actual help. The VA doctors know your condition if you’ve been going to a VA hospital for 10 years. The VA doctors themselves should file our claims for us as a routine part of their exams of us. They are the obvious, expert party to do it. There would be no “rejections.” This should be an automatic process.
$394.7 million per year. Unconscionable. They are preying on vulnerable veterans. With any Government program the sharks, intelligencia move in. My my!
No, the problem is that veterans need to hire help to overcome the VA obstacles put in place to prevent veterans from obtaining their earned compensation. You’re playing into the current administration’s deflection or responsibility.
Vets would not need an attorney if the VA Benefits Department would be honest in the way they treat Vets who file their own claims. It is really hard to get the correct and fair percentage without an attorney. The lawyers hold the VA Benefits Department accountable, but a normal injured Vet cannot. The VA is great don’t get me wrong, but the benefits department are like insurance adjusters and their job is too deny you for any reason or mistake they can find. Also, an attorney can reach out to the VA and get things done that would take the average Vet years. They can’t complain about a system that they invented and use to their advantage. They do not let their doctors who know you and know your injuries fill out the DBQ, instead they send to a third party who works for the VA and it is a roll of the dice on whether the nurse/doctor is honest and competent. That is just they way it is and anyone who has ever dealt with the VA knows it.
V/R
Maybe Veterans need to be HONEST and file legit claims. I had ZERO problems with my claim.. did all by myself back in 2004. Did take 2 years but 100% service-connect. Today work for the VBA and see so much fraud, lies and abuse. Veterans that use private DBQs from doctors who are NOT their doctors that they PAY. If you want to claim its your doctor than make sure it is the doctor you see and not a doctor you pay. Remember the Oath you took. It works both ways when you note the third party. If you expect them to be honest then you must be honest!!!
Case that I work on a daily basis are 1-6 months old and NOT years. If is is a lawyer they do scam the system as they don’t want to to be done quickly as they don’t make money when it’s done fast, they make money on the lump sum so they wait to file and want it to be appealed. Think it’s the VA the lawyer file claims with errors to cause error to make them MONEY. They don’t care about Veteran they care about making MONEY!!
I agree that there are a LOT of fraudulent claims that cause problems….all those videos and Reddit posts telling veterans how to cheat the system to get their 100% even though they don’t deserve it. I heard that soldiers are now told to claim everything they possibly can while leaving the military and are encouraged to claim things like tinnitus because they can’t prove you do or don’t have it. That causes a lot of legitimate claims to be looked at skeptically and they also run into a slow down in the system due to so many claims.
I think it’s outrageous that millions of dollars are paid to outside attorneys. But the reason for this is the VA denies Veterans claims for no reason. What could the vA do with those millions of dollars to actually help Veterans and not make attorneys richer than they already are. The DOJ with Pam Bondi should take a look at this.
The DOJ are the ones, challenging every expert that testifys for all the veterans in the Camp lejeune water lawsuit and the money has already been put aside by Congress. The longer they stall the more veterans die and never receive anything. The money that’s not paid out goes back to them. ? Sad!!!
The VA is only obligated to pay these fees in two circumstances.
The most common circumstance is when the VA erroneously and improperly denied the Veteran’s initial claim and thus the appeal is successful through the help of an accredited attorney or agent. This means that the VA is paying for their lay adjudicator’s mistakes in delaying and denying disabled veterans the benefits they earned and that they are entitled to.
The second and more rare instance, is one in which the VA denies a Veteran’s initial claim, validly, due to a lack of evidence at the time, or, perhaps because the initial claim was filed improperly, etc. Then, through the guidance and hard work of an accredited attorney or agent, the needed evidence or properly stated claim on appeal is now successful. In this instance, the VA is paying for disabled Veterans to receive the assistance needed to walk through a complex and confusing beaurocratic system to help veterans prove entitlement to benefits during the appeal.
Either way, the VA is paying for the labor, expertise, and knowledge of VA accredited attorneys/agents who are helping veterans with disabilities get the benefits they deserve and are entitled to.
The VA could reduce these costs by appropriately and accurately adjudicating claims, and, by fulfilling their statutory duty to assist veterans in substantiating their claims making it a truly nonadversarial process which is actually able to be accessed and navigated by veterans pro se. As the VA falsely claims and as congress intended.
The VA’s increasingly concerning messaging trying to deter veterans from seeking assistance from licensed, accredited attorneys in the claims process is nothing but a thinly veiled attempt at protecting their pocket books from veterans asserting their rights to be compensated for the sacrifices they made for this country.
the lawyer or claim agent is being paid out of the veterans back pay – not out of VA money.
Thank God Millons down the drain for the Veteran. Most think they won’t get their pay without an attorney.
Please show VFW, American Legion, DAV All help veterans file for free.
Thank you
Add State Veterans Department VSOs to your list who are better trained than military organization VSOs e.g. California (any state name) Veterans Department. Every State has one in most major cities.
Mine was incredibly rude, off putting, and made it clear they had no interest in actually HELPING me. I thought maybe the fact that she is a paid VSO that I might actually receive help. The volunteer VSOs? I tried three different ones and not a single one returned my call.
Thank you for that info Dale about the vfw, American legion, dav, as no one ever informed me about those organizations that will help us. I have been going through this whole filing process since 2008, and a few times we went through the VA facility itself. Just last year I finally got %80. But know people with less issues than I have and they receive %100
No one informed you that service organizations exist to help veterans? Did you take any action to find out? If you were or are an active member of a veterans organization, such as the American Legion or veterans of foreign wars Presumably you are an adult. Help yourself!
So you got rated at 80%, but you know that someone else got 100% but he or she is not as disabled as you. Tell me: how did you get access to that person’s claims file to make the determination that you were slighted? YOU received a rating of 80% service connected disability, which is a whole lot more than the nothing you received before. Maybe you should count this as a win and stop whining?
I am astounded at the amount of money that is being paid to attorneys to work this program. You need to start showing us how much is being paid to the veterans on the same lines. This is too significant to ignore; we need to get these attorneys out of our pockets and get the money to the veterans who need it.
It would help if you showed this information on our VA.Gov account for our claims, our VSO, our Attorney for all of our claims. Thanks,
Is it common for attorneys to take the full time allowed to appeal to finally send in the appeal
My attorneys took the full year to appeal and it is costing $13000 and is still going up Is there
a review process to exam the fees being charged or why it is taking so long.
I think it’s to much they pay the Attorney from the veterans bank pay.
I read your article, and sounds good, but it doesn’t do any good, if you don’t tell the veteran how to get in touch with a lawyer that will help the veteran and get paid by the VA, so what’s good does it do for the veteran.
The VA doesn’t pay for the lawyer except in a few specific instances where there is a shortfall. The pay for the attorneys comes from the back pay that the veteran receives. So say the veteran is owed $100,000 in back pay (easy number to work with) and the attorneys earn 30% according to the contract between the veteran and the attorney. Normally the veteran would keep $70,000 and the attorney would get $30,000. BUT…if the veteran has deductions for military retirement or other deductions, that could create a shortfall. The VA would pay the shortfall…but this doesn’t happen often. The deductions would have to come to over $70,000 for this to happen. Only rarely would that ever occur.
Would like to talk to an attorney about changing a trust
I don’t believe any veteran really needs an attorney or private claim agent. If your free VSO is not handling your case as well as you feel they should, move to a different VSO. Veterans need to understand, just like a doctor, a VSO needs to hear from you. If you are a silent partner, the partnership is pretty weak. Talk to the VSO about your service, your disabilites, your thoughts. Write a letter to be included with your claim. What happened? Why did it happen? How is it limiting your life today.
Like all government agencies, VA is swimming in details, restrictions and rules that make no sense. You experienced it during your service and you will see it in your interactions with VA. Don’t quit. Don’t butt heads. Learn how to work around the burocracy.
Great advice. I am shocked at the differences in quality at VSOs in the California counties.
Hopefully the VA has gotten better over the years as far as answering questions regarding claim status, etc. My claim was filed 5 or 6 years ago and the initial person who I spoke with at the VA was very helpful and assisted me in the initial filing of my claim. After more than a year went by, and visits to the doctor the VA sent me to for verification of my condition, and fulfillment of all the other requests, etc. I called to find out where my claim stood in the process. The only information the VA representative could give me was the date I had initially filed my claim which was much more than a year. After reiterating my question several times and pointing out this was information I already had, the VA representative Sarcastically thanked me for my service and hung up on me. Obviously this upset me which prompted me to seek the help of an attorney for assistance. The stress of dealing we the VA. the rudeness of their people and lack of information available regarding my claim was worth the money I paid the agent.
My VA doctor wouldn’t even do a Nexus letter for me because he decided my condition wasn’t service-connected in a secondary manner. So I went out and got the Nexus letter from another doctor and right now I am service connected.
No longer I’m with the VA the more I see how sneaky they are like VA math, not approving a disability that service connected and then when I appeal, they approve it. There are so many loopholes in the decision that the VA is able to use against you. There is no such thing as the benefit of the doubt rule or more than likely than not rule. The VA explains it where it sounds great on the website, but when it comes time for the veteran to make the claim, they’re totally against you.
Now I’ve hired a disability attorney and they’ve accepted my case. Why can’t the VA just help the veteran in square one rather than not.
We wouldn’t need attorneys to help us deal with the VA if the VA actually took care of veterans. We have to pay people to negotiate the process for us because the system is so insane. The $$$ flowing out to the attorneys are an indictment against the VA, not a wake up call to vets on how much we have to spend just to receive benefits.
The C&P exam is one of the most significant shortfalls to the VBA claims review process. Many C&P doctors cannot speak passable English, are not specialists in the medical conditions they are examining, and submit C&P exam reports that are contrary to the vets military medical record, VA medical record, and civilian medical records in relation to the conditions claimed. The VA needs to revamp the entire C&P process starting with hiring only doctors with backgrounds in the conditions that they are evaluating which would exclude a Geneal Practitioner who did my exam for neurological and orthopedic conditions documented in my military medical records, VA medical records, and civilian medical records. Nearly 5 years appeal. Placed on docket and 3 weeks prior, all my claim approved. Went from 30% to 70%.
I think the VA offset is shameful. The veteran has given 20 plus years of his/her life to the service of the country and has earned every penny of that retirement pay. The veteran also faces health challenges because of that service and therefore has earned every penny of VA compensation. To deduct VA compensation from military retirement pay when the veteran has earned both, is disgraceful and insulting to the veteran.
Those with VA ratings over 50%, retired with 20 years or more active duty, can claim CRDP and be able to draw both VA and earned military retirement. Combat Related Special Compensation (CRSC) allows those with 10% disability or more and 20 years or more active service to draw both VA and earned military retirement pay. As I write this, I wonder how many retired military with combat related conditions have filed to receive both their VA and military retired pay at 10% or more rating? I receive both under CRDP, 70% rated. The veterans who are shortchanged are those who were wounded in combat and forced to medically retire. Even though they may be at 100% VA disabled, they cannot draw their medical retirement pay while drawing VA disability, even at 100%. Congress has been messing around with the Starr Act for many years now (Maj Starr medically retired short of 20 years due to enemy action, 100% VA, but VA pay offset military retired pay – he died of his military medical conditions BTW). Even though a majority of the House and Senate signed on as co-sponsors, the Bill has gone nowhere in Congress due to cost offset requirements!
I had to finally hire a Vet Attorney to complete my claim. I had to pay a total of $9,995.00 to get me from 40% to 80% (actually 90% before the VA math lowered it to 80%). Because I am retired, the 40% was a net 0% because the 40% was taken from my retirement pay each month. I used a an actual local VA community VAS that got nothing. I used VAS from my Local DAV, who got me from 20% to 40%, everything else was denied. After hiring the Attorney Group, I was raised to 80% in 2 weeks.
Why do we have to pay that kind of money after years of being denied and then gets approved in 2 weeks. The VA is only going to do what is right for its veterans after the vet having to hire an attorney? That’s a disgrace!!!! Also why did I have to have a net 0% because I am retired? Still other issues denied, I am a Vietnam Vet with Agent Orange exposure with many other issues denied.
Wow! That is a lot of money. Obviously the vet needed the assistance to challenge denied claims since no fee for initial submission. The main problem with VA claims process is C&P exams. From experience, my follow-on claim for worsening conditions I was directed to C&P exam. The examiner could barely speak English, ignored the questionnaire I was required to fill out, and was not a Specialist in areas I was claiming: neurology and orthopedics. My claim was denied. I submitted an appeal via the State of CA Vets Dept pointing out the lack of a C&P specialist in my claim conditions. The verbiage in my claim aligned with VBA code book of conditions in verbiage and my military med record (which was ignored by VBA). My appeal was reviewed by the supervisor of the VBA reviewer and still denied. I asked that my claim remain in the queue. At about 4 years, I was sent for another C&P, two different examiners. One was psychologist who evaluated my neurological condition and other had background in ortho. Heard nothing from VA. Five years later was put on docket for Veterans Appeals Board. Three weeks prior to Board presentation, all of my appealed conditions were approved. Somebody finally read the full claim and follow-up letters and matched it to the VBA conditions code book. I went from 30% to 70%. Bottomline, I outlived the VBA!! No all vets make it to the finish line. The C&P process needs to be revamped and include specialists in the field of the conditions being claimed by the vets. General Practitioner for Neurological, orthopedic, TBI, Oncology, etc is not appropriate plus the examiner must be capable of speaking and understanding English! Before hiring an attorney, use a State Veterans Dept Rep who have inside contact within the VBA Regional office. Some VFW, Am Legion, PVA, Vietnam Vets Assoc VSOs, but not all, have taken the time to become experts in navigating the unfair system that VBA has established (crawling under wire in an ambush fire fight is the sensation). If the condition claimed is not part of your med record, you have to establish an association to your military experience eg Hearing problems or asbestos exposure resulting in disability due to military service. This is an uphill battle but an experienced State VSO can help make the connection. Also found that VSO in the VA Regional Office are also helpful and able to go direct to the person reviewing the claim. Consider these before a lawyer who is in it only for the fee while VSOs are in it to help navigate the VBA road blocks.
We would not have to resort to using attorneys if the va was open and fair, did not lose, misplace or not retain records. IMO the va side is good, the vba side is nothing but a bunch of lawyers determining the doctors did not state things correctly “more likely it did or did not “.
Why no\t show how much each attorney makes? You have the records. That would be real transparency!
The current law only pays concurrent receipt of Earned Military Retired pay and Veterans Disability Compensation if the Disability rating is over 50 percent. If the Disability rating is less than 50 percent the Military service is allowed to cheat the member who retired on a longevity retirement of a portion of his/ her retirement pay.
One exception to your reply is Combat Related Special Compensation (CRSC) allows those with 10% disability or more and 20 years or more active service to draw both VA and earned military retirement pay. I draw both based on CDRP (non-combat) with over 50% VA and over 20 years active duty. For those who combat related disability conditions and 20 years or more active duty (retired) suggest consider applying for CRSC even with a 10% disability rating. The DFAS is supposed to automatically do this for you BUT there is no way for them to know if you are combat related unless you prove to them that you are (Purple Heart award).
CRSC is not automatic. It requires an application. CDRP is automatic. VA nor DFAS have the authority to automatically pay CRSC under the current law. So, those who believe they are combat related, they need to make their claim for CRSC. Keep in mind that CRSC is tax free and CDRP is not. So if you are entitled to both, carefully consider the decision. You can revert back and forth. It is not an irrevocable decision to choose one over the other. But CRSC requires an application by the veteran!
I paid 11,000 to veteran guardians attorney’s for my claim. It killed me financially . I paid it off and did recieve 100 percent t&p. Combat vet 2 wars, i shouldnt have had to get an attorney.
You really want an uphill battle that no one will take? Occupational ionizing radiation as a Nuclear Weapons Technician in any branch of service. Congress identified it as an assumed exposure to civilian depot workers but no amount of documentation or appear or representation will be accepted by the VA because Congress doesn’t identify military members as being exposed to ionizing radiation.
Why don’t you post it on each members page to show all the money used and paid on behave of the veteran.
Back in 2001-2002 I filed claims by myself.. I had to go to my doctors and get exams and letters. Then the VA had me go to their doctors and examiners.
2 years later I had to get VA to look at the documents And they moved my rating from 10 to 20 %. I was fustrated and dissappointed. In 2023-24 I started an appeal. Went thru an approved VSO. After much exams, they were changed to 40%. I asked for a higher review appeal in Dec 25… as per VA site it was sent to a higher level review and have. It heard from them, or no updates thru VA site???? I hired VSO approved attorney firm. This was for appeal of denied claims. They charge 33% fee. As per VA site that firm is listed my representative. Within 2 weeks of hiring them?? Reading thru the comments, I agree with many vets. Why do we have to go through hoops and other obstacles … my claims were deemed service related… by your assigned examiners. Also there needs to be more coordination between Community Care/providers and the vets. Providers call me about appointments and Community Care approved but do not notify me. I have to call Community care tells me
Not to make appointments…I dont … there is miscommunication between CC and Providers and . CC needs to notify me… to avoid this …. Thought it was only me but system needs to be better and streamlined, assigned claim appeals at a higher level needs some time
Line as to where the review stands.. all documents are in the file… evidence states it is service related… now I have to hire Attorneys to move my process forward… I am 72, not much time to go .. ???
Can you please provide an VA accredited VSO in my zip code (23464)
http://www.google.com
Contact the DAV (Disabled American Veterans) – 866-706-5889 or the American Legion 804-353-6606
Are these attorneys available for other issues non VA disability related?
There are attorneys for everything. I think the ones that deal with VA claims pretty much specialize in just that. I’m confused on why you are asking this?
If they didn’t drag claims and appeals out so long, they would pay a very small amount to attorneys. In my case it is almost five years so once it is adjudicated, if in my favor, the attorneys will get the maximum and it will likely be very hefty. They could have just resolved it in a few month. It has literally been 14 months since I saw a judge…which took over three and a half years to make happen after filing my appeal.
Maybe better to pay veterans than it is attorneys. $400 million…yikes!
My appeal took nearly 5 years before I was put on the Board for Veterans Appeals docket. Three weeks prior to the appearance date, my appeal was approved in full with 5 years back pay between 30% raised to 70%. The claim was for worsening ortho (both knees) and neurological (TBI) conditions. The C&P examiner could barely speak English, was a General Practitioner with no background in neurology and ortho. There was no attempt by the VBA Reviewer to match my verified conditions to my med record. My claim for worsening conditions had documentary evidence from orthopedic physicians, both VA and civilian that aligned with my military med records. The VBA ignored all my correspondence until I was put on the docket. Somebody finally read my appeal and its supporting documentation. I essentially outlived the VBA!
I was in the Marines for over 26 years active duty. I have learned a lot since retiring from the Marine Corps. First, to refute someone else’s claim that some veterans are getting VA benefits before getting off active duty is incorrect. They may contact someone (in my case, a DAV rep) and get their medical records reviewed prior to getting out. After they are discharged, they can then file for benefits. Unfortunately for most of us, we don’t understand the myriad of possible issues we had while in service and don’t understand that we should have claimed them. I was rated at 40% initially. 22 years later, I was rated at 100%. I had to fight the VA and hire attorneys to fight for my benefits. I have helped and advised other veterans since then. I agree that the VA sometimes treats us like we are suspect in our claims. Don’t take a denial lying down! Been there, done that. I was denied initially for tinnitus. I went to my C & P appointment with some civilian doctor out in town. My hearing is okay…but I have this constant ringing in my ears 24 hours a day (like I had just come off the rifle or pistol range). I was denied and accepted it. A few years later, I reapplied, went to the VA doctor, had the hearing test done. The doctor asked me what I did in the military and I explained that I fired 81 MM mortars and later on in my career, that I worked on F-18s…claim approved! It is unfortunate that we have to fight the VA like civilians have to fight the insurance companies to get treated appropriately.
Great article. I had no idea the amount of money taken from the Veterans Award would be this much. It would great to post this on the front page of the Newsletter so Vets can see this. I bet you would see a big upswing in the use of VSO’s.
I had to hire a private attorney to handle my husband’s VA claim because the VA representatives (several) were not able to help in getting his 8 year old claim through the process–he passed away before his disability was finally accepted in 2025. The VA only granted him one year and a month of backpay and still have not accepted my claim as a survivor. The private attorney I hired for my husband’s case is charging 33 1/3 percent fee for all
backpay recovered.
Does the VA still withhold military retired pay as mentioned in the article? I thought Congress passed legislation stopping that practice long ago.
VA so The VA Really does Help With VA Claims ?
My husband paid a “claim agent” upfront, to assist with filing a claim on his behalf
I have a person claiming to be a nurse and she refused to send me an email from her USAF account. I think she is an imposter and needs to be cleared or jailed. This is her civilian email address and she is at Osan AFB in South Korea she told me. She is mad that I cannot pay her mom’s mortgage and refused all attempt to pay it directly.
Very interesting data. However, it should be further broken down into the number of years the claim was in process before an attorney got involved. Mine was 15 years of battling the claims process. It was won only when I got the attorney involved. Your continued work to improve and validate the claims process may drive this number down more than the veteran getting attorneys involved. AWS
If the VA didn’t make filing a claim so damned tedious and difficult, then veterans wouldn’t NEED to hire an attorney!! They turn down practically EVERYONE on the first go-around!!
I’ve assisted several fellow veterans in getting their claims (who had already given up on the process) because of the persnickety horse-shit that they had to endure from the VA.
SHAME ON YOU!
I have been using the same VSO since I filled my first disability claim back in 2017..call, set up phone appointment, discuss claim & she files. Wait for C&P appointment, wait for decision letter, get back pay — done.
Follow-up via Email — simple
Have filed 5 claims — only one denied, which we are now appealing (correct info was not included in VA Records —now is included)
Hasn’t cost me a Dime—ever!
Arizona Department of Veterans Services —–Great VSO
Greetings Byron, You are one of the lucky ones.
Good to know
I have found that the most successful VSOs are located within the States Veterans Dept where they are trained by the VBA on how to file claims that align with the VBA claims book codes. There are a few in the VFW, PVA, Am Legion, Vietnam Vets who have mastered the claims process, but from friends experience, they are the few. The State office VSOs are trained by the VBA and have good knowledge of the need to match a claimed condition to the verbiage contained within the VBA’s disability condition code book which makes the process easier to navigate. The REAL problem with the claims process is the C&P exams where the physician often cannot speak understandable English, has no expertise being evaluated, and does not read the lengthy questionnaire that the vet has to complete regarding their claimed condition(s). In my case, a neurologist for a TBI injury and an orthopedist specialty should have examined me. Instead a General Practitioner was assigned with no experience in either conditions. This resulted in assessment that was contrary to my military medical record, civilian and VA doctor medical records, and my claim. Result was denial because the VBA Reviewer only considered the C&P exam report. Nearly 5 years in appeal and placed on the Board for Veterans Appeals docket. Three weeks prior to my Board date, all of my claim was approved that took me from 30% to 70%. I outlived the VBA.
My state VSO was not helpful at all. She was annoyed before I even started speaking, rude, and basically listed every form I needed to fill out. That was it. I tried to call a few times with questions regarding the forms and my calls were never returned.
I’m begging you….please give me your VSO’s contact information. Please. I desperately need help and my VSO’s won’t even answer their phones let alone call you back or actually fill out forms. I’ve tried four. Help me, please?
I do my own claims and have been very successful!
I was forced to retire from civil service due to a perminent back injury. I am 100% disabled and was denied Unemployability. Can I get representation to file a claim?
Sadly…. but it is a fact that some find the VA paperwork and red tape very daunting. Forget to dot one I or cross one T and the paperwork is tossed back for correction. They do it often enough and wait for the claimants to give up. Put this on top of the fact that many VA facilities were or still are not performing well. I have visited the local (Fort Bliss) VA facility exactly twice. The second time I was treated so poorly my wife even said we were not going back EVER. Thank God we paid into Tri-Care for Life.
While it is costly, a veteran or family member is often best served by having some claim assistance organization with the experience and determination to get all the I’s dotted and T’s crossed, and to handle any issues. I am one of those. Like many, I finally gave up on it myself. Then my son said I should turn it over to an assistance organization. I did. They have treated me very well and I am so far satisfied with their work.
Now we wait to see how VA can deny and deflect, that’s what they do best. Meanwhile, I’ll continue a steady diet of Ibuprofen and sleeping aids thankfully provided by the Tri-Care doc who really cares about the patient and not protecting the VA.
One would think an honorably retired veteran could get the help needed. NOPE!
Honestly the VA should pay attorneys out of govt funds, not a vets backpay. That’s actually insulting given the VA lost and the vet prevailed. In what world should that be fair? 20% is reasonable by most standards given most attorneys charge 30-40% or more for contingency cases. But it still seems unfair to take even a dime of OUR money.
All those millions of dollars was owed to the veteran. However since the VA choses to with hold these funds and forces the veteran to go and hire a lawyer should be a crime. Why is the VA not being prosecuted for their crimes of withholding these funds. The veteran is owed that compensation why force them to retain a lawyer and fight for what was promised them when they served their country. This is a outrage and the VA should be prosecuted for their actions..
Actually I did my claim myself but the DAV filed it. When I appealed they filed it. BUT my issue is the care given by the VAH hospitals. It is inconsistent and not good care. Support staff are good along with nurses; however medical care pretty bad. So make sure to raise concerns once in the “system.”
Perhaps but they refuse to get involved in a veteran discrimination case because they are yellow. Glad i didn’t have to serve with these unethical cowards. There is an outhouse called hayley va that practices veteran discrimination by refusing to employ medically qualified veterans. Liars, cowards, hypocrites. Unpatriotic cowards. The outhouse is spending money by the pound fighting to enforce their veteran discrimination. Benedict Arnold had more integrity
right hand was broken and not it is hurting very bad and i put in a claim since 2021 and at time i can’t hold nothing and i have 100 percent disability on my medical record.
The article does not clarify whether those reported fee amounts include, or don’t include, attorney fees paid per the Equal Access to Justice Act (EAJA) in cases before the federal appellate courts including the US Court of Appeals for Veterans Claims. Those EAJA fees are paid when the VA loses an appeal filed by a veteran. Those fees paid under EAJA are paid with VA funds, not the veteran’s benefits. Important distinction. Also, if the VA doesn’t like having to pay EAJA fees, then the VA needs to do a better job for the veterans so they don’t have to appeal to federal court.
I hired an attorney to represent me with my Va claim. They got me from 70% to 100 %. The cost to me was around $40,000. Will the VA help with this bill?
Why do disabled veterans have stoop to the level of acquiring legal representation when the VA already knows the outcome? You are again spreading tax dollars for what most veterans have already earned. This is clearly a fraud, waste and abuse of our tax money.
My attorney bills me directly for backpay on Supplemental Claims they filed at 30%. No charge for new claims they filed. I pay for any DBQ/Nexus letters to the law firms selected medical personnel. The VA giving the “differing of opinion to the Vet” is bull, in my opinion.
Does VA maintain a quality control record on each agent?
Not that the va doesn’t know they don’t care. An outhouse called hayley practices veteran discrimination by refusing to employ medically qualified veterans. Unpatriotic cowards. Tried to get the outhouse into a program to reduce veteran suicide and vet homeless but they refused due to veteran discrimination. They just don’t care about veterans. Whine about shortages but declare a hiring freeze. HYPOCRITES. Benedict Arnold had more integrity. Good news is that they are no longer paying $200 million for toilet seats but are spending money by the pound to enforce their illegal hiring practices.
The VSO in our county never submitted the paperwork to make me substitution of claimant after my husband passed away in 2017. I filled out all the paperwork two weeks after his death. She led me to believe the claim was on going just taking time for over a year and a half…I have emails, phone records and proof I was in to see her in her office 3x over that year foir updates. When I called the VA directly to get an update- there was no claim. Now I am fighting to get it reinstated – its been 8 years. I am just one of 100’s of veterans and their families that are missing out on thousands of VA benefits. That women was let go after there were so many of us that she was negligent with. Then there was a court case to determine if it was the county’s responsibility for her negligence or the state of Indiana VA. Turns out the director of Indiana Department of Veterans affairs (IDVA) is responsible. He was terminated January 2025. The VA still has not made this right and I’m on a second appeal – the nightmare continues.
If the VA just was more forgiving for claim approvals it would pale in comparison to the Fees paid out fighting disallowances. If those saving were put into an earning trust, Veterans with service connected or aggravated conditions would be compensated in perpetuity.
Why does the VA make it so difficult to get their rating? We wouldn’t have to hire an attorney if the process wasn’t so hard. Requiring certain words.
Can I obtain the services of an attorney after my claim has been denied with the VA paying for the fees?
I have used Hill & Ponton (Florida), and am EXTREMELY SATISFIED with their results.
-1stly, my claim had complexities to say the least (far greater than a VSO or DAV could have gotten through… in my opinion). After about 38+ years of waiting, Hill & Ponton got my me 100% benefits… after 22 months).
-2ndly, they referred me to a PRO BONO set of attorney’s who then got my discharge corrected (upgraded, after I was screwed over in the USN… after 20 months)
-3rdly, after a 2nd claim (dating back to 1983 was filed), and denied at the BVA, they stepped in with another “specializing attorneys’ firm”, who now have my case in the CVAC (U.S. Court of Appeals for Veterans Claims)… waiting for a Judge.
I remember being told by one of my attorneys: “we should not exist, but we do, because the VA does not render care for our Vets who have sacrificed”
I know this… I have my FAITH in Jesus Christ, and know that I am Blessed thus far by Him! I am grateful for what He has gotten me through with the PTSD alone, not to mention all the court filings/cases.
This ducks, I payed 30% for an attorney. I also had to pay for all reports. The attorneys just sat back and took the money. When I got the back pay it went from 20 to 30 % .
There are so many inequities in this system it is hard to manage fraud. I had a supervisor that was so proud that is attorney he paid $6,000 to was able to get him 100% disability. He served 4 years without a deployment, exposure, accident, or injury in the service. He fell off a roof as a contractor and later developed heart issues in his 50s. I really don’t understand how the VA disability system works. Why are attorneys being more successful in submissions than VSO’s following the rules?
If the VA would obey the law and not deny valid claims–there would be little need for lawyers! “Deny and then delay until you die” is the VA mantra!!
I think this is really highway robbery. The lawyers aren’t really doing that much paperwork to warrant such large fees. It’s a gravy train for them and the money is actually coming out the disabled veterans earned disability money. That backpay is the veteran’s money, not the VA.
The SSDI does the same thing and it’s a costly note.
I believe a correct solution would be a flat $300/hr not to exceed 15 hrs of Lawyer time. You can’t tell me a law firm is spending more than 10hrs so I’m being gracious. The real solution would be to accept the VSO/AmVet/Legion/DAV’s filings and save the veterans’ money.
Tony, what’s interesting is that when a veteran has to appeal outside the VA to the federal courts (i.e., the US Court of Appeals for Veterans Claims), if the veteran wins at least a remand of the case, then the VA has to pay the lawyer’s fee per the Equal Access to Justice Act (EAJA), which has a hourly rate (cost of living adjusted) times the actual hours of work done. Those itemized fees have to be approved by the court, and the VA pays from VA funds (not the veteran’s benefits). But, the EAJA law only applies to cases in the federal courts, which means the veteran has to be unsuccessful in the VA system (up through the VA’s own Board of Veterans’ Appeals, which can take years). So, to follow up on your recommendation, changing the EAJA law to apply to cases within the VA system would mean the VA pays, not the veteran, for the far greater number of cases which the above VA article is about. Changing the EAJA law to apply within the VA system (not just to cases in the federal courts) would not only save veterans legal fees, but hopefully motivate the VA to do a better job for veterans at the initial claim stage so veterans don’t have to fight the VA for years. If the VA sincerely wants to help the veterans, then the VA needs to do a better and much faster job. Forcing veterans to wait many years for a successful outcome is totally unacceptable! If the VA and Veteran Service Organizations don’t like lawyers involved, then fix the problems in the system so veterans don’t need to hire lawyers!
One should not need to be an attorney to successfully file a claim as a veteran with a disability. That is where we all must hold the government accountable. If we don’t our benefits will continue to be fed to the vultures feeding greedily on the lives of deceased and disabled Americans!
Extremely important the information posted above.
I believe the amount paid to attorneys andoutside help from representing vets are very enormous where as i believe any monetary amount owed to those that support vets fees are seemingly overpriced and do not help in a meaningful way to the vet. Even though there is a situation that vets get percentage wise to believing without documents, still do not fully support the vet in believability even when the MOS lays proof as long as the discription of the vets job explains it. Its as if the person doing the evaluation does not have a human understanding of people.
Your doing a real good job
I got ripped off by a VA-accredited Lawyer; she threatened to drop me if I did not quit pursuing the case myself, and she did nothing, so I started pursuing it myself. She was useless, so I got things going, and she did not like it until the money was paid to her. I would not recommend her to anyone.
This ducks, I payed 30% for an attorney.
Thanks for this assistance.
The wait time to get into see a VSO is unbelievable. I use to be a VSO/TSO and every month there were at least 100 people in line to schedule appointments for the following month at the office I worked at. VSO’s and I am mostly referring to TSO’s (Transition Service Officers) don’t get paid very much. After 11 yrs at a non-profit I was only making $23/hrly in southern California. My supervisor was bringing in over 90K. Due to the low pay the passion in a VSO/TSO is hard to find.
If they can make money once your claim is denied, guess what happens to 95% of claims? And the fees are hefty for the time spent so it’s almost like your going down the river and when you get out is luck or 50% more likely than not which depending on intail reviewers and DRO could be awhile. There is no good answer these days.
I don’t know How. I got some Outfit on line to Handel my clame. But I don’t know what I’m doing so I let them do it.
I use a VSO but I first used a claim agent I paid for myself! The VSO I originally had after I signed with him I never heard from him again for over 8 years until I found my now VSO who originally didn’t wanna let me use them because I was assigned to the other VSO . I apply for benefits but I am getting nowhere. Currently 80. Cold War veteran. These kids that are getting VA benefits before they even get out of the military is what blows my mind. National Guard reserves getting VA benefits while they’re drilling another thing we never got that we have to apply and apply and apply and get told no no no no it frustrates me.
Well, that’s not accurate, so don’t stress. You cannot get paid for VA benefits and military service. They will deduct it at the start of every year for every day you have been on duty.
The system is as bad as any government institution can be run. They treat you like a con artist even with medical documentation. Forget to tell you they canceled your appointment. can’t find your records. System loaded with incompetent and unprofessional people. Takes months just to get an aspirin. So disappointed.
The statement “These fees cannot exceed 20% of the calculated backpay before any other withholdings (such as military retired pay)” is incorrect. By law, attorneys and agents can charge fees up to 33-1/3% (one-third) of the backpay. See 38 C.F.R. § 14.636(f)(1) (at https://www.ecfr.gov/current/title-38/chapter-I/part-14/subject-group-ECFRe2d861683c66a39/section-14.636). Nonetheless, the fee must be reasonable in light of the various factors discussed in 38 C.F.R. § 14.636(e). The 20% amount applies only if the veteran and the representative agree to have VA withhold the fee and pay it directly to the representative, and that amount is presumed reasonable regardless of the reasonableness factors. See 38 C.F.R. § 14.636(h).
VA doesn’t pay this money, the veteran’s do. Transparency should provide that they disclose that so that veterans and the public do not misinterpret that these fees are coming from the VA’s budget in addition to benefits as they are actually part of the benefits that veterans agree to pay to their attorneys or representatives out of their back pay for their services. This seems very misleading and an inaccurate way of viewing funding.
What an absurd title. The only communicating it has fulfilled is serious sucking up to someone that matters to the writer. Great example of no useful information while exploiting veterans and her office.
The title should be: THE COST TO VETERANS that APPEALED THEIR DENIED CLAIMS: SOME COVERED BY THEIR C&P BACK PAY, SOME PLACED IN DEBT TO PAY THEIR CONTRACTED, ACCREDITED REPRESENTATIVE AGENT OR ATTORNEY. See 38 C.F.R. §§ 14.626-14.637
You are correct… the VA gives away YOUR to pay attorney fees that that you shouldn’t have had to accrue in the FIRST damn place!
Agreed! Very misleading title! The VA is not paying these fees, it’s coming out of the VETERAN’S own money (backpay) – since they agreed to pay for that service. But here’s the REAL issue: why is the whole process so complicated that veterans can’t figure it out on their own and need to hire attorneys who are getting paid MILLIONS of dollars?!?!
It is SO typical that the claims process is totally convoluted and doesn’t work well. But the fact that attorneys are charging the veterans themselves millions of dollars to ‘assist’ them is downright criminal. That’s money that us veterans need for our disabilities, not to throw away on overpaid attorneys!! Fix this broken, wasteful system!!!
The VA needs to understand their application process for Disability is a disaster for Veterans. I spent years trying to work through mounds of paperwork and had numerous occasions where my documents that I sent in (hard copy only) somehow got lost after 4 months of waiting. Also was told that being treated for skin disease by Corpsman needed proof and when you are in combat, forms are not filled out for minor shrapnel or skin diseases. I found company run by Vets who took my case and in 4 months, I had 100% disability.
Who did you use sir?
Rhymes with WEEEEEE!
I’m a Vietnam veteran applied for benefits because of my back problems that started in Vietnam as a combat soldier. The VA denied my claims even having a Nexus letter and a buddy . Getting medical records after 10 years have passed is impossible and the VA knows that. This raises a serious concern for veterans of my era many of us who served in Vietnam specially those operated in jungle environments, carried heavy gear, or engaged in combat operations, did not have the ability or the habit of seeking medical treatment immediately after service. Records from the 1970s through 2015 no longer exist and the VA knows this. It seems unrealistic to expect Vietnam veterans to produce medical documents from over 50 years ago. I’m trying to understand whether this type of denial is common for back related claims from Vietnam veterans. Is there any precedent or guidance on how the VA evaluates these cases when older medical records are unavailable? it feels like the system automatically disadvantages veterans from my generation simply because of the era we served in. I would appreciate any insight you can provide on how to move forward, what evidence the VA will actually accept in place of decades, old medical records, and whether there are established approaches for providing long-standing back conditions without historical documentation.
Help with a WILL
Perhaps it would also be a good idea to publish what is paid out to illegal claims sharks as well just to give Veterans idea of their avarice charging for initial claims.
good information thank you
I didn’t know that VA paid attorneys for helping/representing veterans with their claim. Hoipefully I won’t ever have to use one.
Thanks for the info
How do I go about getting a VA attorney for my claims???
You can find a list of VA accredited lawyers and claims agent by using the “Accreditation Search” at https://www.va.gov/ogc/apps/accreditation/
Mark “Attorney” you can enter your state to see those in your state or leave it blank for a list of all of them.
Where does it say that the VA pays? I’ve only seen money come out of backpay.
low-income monthly pension VA do not at least meet the federal poverty guidelines of $21,000 calibrated for an annual. To prevent the at risk of homeless/suicide this would be a more realistic approach. Prevention of homelessness/suicide is as real as being homeless. Instead of entering homeless and while veteran is still stable in his home he has a better apt to increase his financials. He helps family and friends supports the community. He still has his dignity and self-esteem. As veteran improves financial to reach his annual of $20,000 veteran can retract monthly payments to reach others, When veteran does enter homeless the VA must invest more from some of the fragmented programs heavily. This is more cost effective and should reduce amount of homeless. As veteran improves reduction cost for legal fees, food/clothing allowance, rehab centers, re-orientation seminars, reorientation classes can support veteran. Cost of funds go down. Less steps less variables better results.
Well, there seems to be some confusion. I believe they pay them from YOUR back pay, not the VA money.