How to Check If VA Claims Help Is Actually VA-Accredited

If you've spent five minutes searching for help with your VA disability claim, you've seen the ads. "Get the rating you deserve." "We fight for veterans." "No win, no fee." Some of these outfits are legitimate. Some are not. And the difference matters — because the wrong helper can lose you money, waste your time, and in some cases, actively hurt your claim.

Here's the thing most veterans don't know: it's illegal under federal law for anyone to represent you on a VA claim unless they're accredited by the VA. Full stop. That's the rule under 38 U.S.C. § 5901. And yet, unaccredited operators — often called "claim sharks" or "claim mills" — are still out there charging veterans fees they legally can't collect. So how do you separate the real ones from the pretenders? Let's walk through it.

Why VA Accreditation Actually Matters

VA accreditation isn't a marketing badge. It's a formal recognition granted by the VA's Office of General Counsel that authorizes an individual — an attorney, claims agent, or representative of a Veterans Service Organization (VSO) — to prepare, present, and prosecute claims on your behalf.

To become accredited, a claims agent has to pass a written exam and undergo a character and fitness review conducted by the VA's Office of General Counsel. Attorneys are accredited based on their state bar membership in good standing — the VA presumes character and fitness from that membership, though it can still investigate if concerns arise. Both must complete continuing education requirements. VSOs go through their own training and certification process. It's not a rubber stamp.

Why does this matter to you?

• Only accredited representatives can legally charge fees for VA claims work. Under 38 U.S.C. § 5904, fees can only be charged after the VA issues its initial decision — and only by accredited representatives. Anyone charging you a fee before that decision, or without accreditation, is operating outside the law.
• Accredited representatives are bound by ethics rules. They can be sanctioned or lose accreditation for misconduct. Unaccredited operators have no such accountability.
• The VA will not officially recognize an unaccredited person as your representative. That means they can't sign documents on your behalf, access your VA file, or communicate with the VA about your claim in any meaningful way.

At Augustus Miles, our VA-accredited attorneys are formally authorized to represent you before the VA. That's not a slogan — it's a legal status you can verify.

How to Verify Accreditation in Under Five Minutes

The VA maintains a public database. Here's how to use it:

1. Go to the VA's Office of General Counsel accreditation search tool at va.gov/ogc/apps/accreditation/.
2. You can search by name, city, state, or ZIP code.
3. Filter by type — attorney, claims agent, or VSO representative.
4. Look for the person or firm you're considering. If they're not in the database, they are not VA-accredited.

One important nuance: the VA accredits individuals, not companies (except for VSOs, which are organizational). So a firm can have accredited attorneys on staff even though the firm's name itself won't appear as an accredited entity. This is normal and standard across the industry. What you're looking for is whether the actual people doing the work are accredited.

Augustus Miles has VA-accredited attorneys on staff. You can verify each one individually in the VA's database. Ask us and we'll point you to the exact VA records for the accredited attorneys on our staff.

Red Flags: How Unaccredited Operators Try to Look Legit

The unaccredited outfits have gotten slick. Here's what to watch for.

They call themselves "consultants," "coaches," or "medical evidence experts"

This is the most common workaround. If an outfit calls itself a "claims consultant" or a "medical evidence company," that's often a signal that they're avoiding the word "representative" because they can't legally use it. They'll help you gather medical evidence, walk you through the process, and charge you a percentage of your back pay — but they can't officially represent you before the VA.

Some of these operations are genuinely trying to help veterans. Many are not. Either way, the legal reality is the same: if they're charging fees for VA claims services and they're not accredited, they're operating in a gray zone at best.

They ask for money upfront

Accredited representatives work on contingency for VA disability claims — meaning you only pay if you win, and the fee comes out of your past-due benefits, not out of your pocket upfront. If someone is asking for an upfront payment, a "file review fee," or a monthly retainer for a VA disability claim, that's a red flag.

Augustus Miles works on a contingency basis. You pay nothing upfront. If your claim doesn't succeed, you owe nothing.

They promise a specific rating or outcome

Nobody — no attorney, no VSO, no claims agent — can guarantee you a specific rating or approval. The VA makes the decision based on evidence, regulations, and the rating schedule. Anyone promising "we'll get you to 100%" or "guaranteed approval" is either lying or doesn't understand the system.

Legitimate accredited representatives use hedged language: "you may be eligible," "you could qualify," "we'll build the strongest case we can." That's not weakness — it's honesty.

They pressure you to sign quickly

High-pressure sales tactics have no place in VA claims work. If someone is pushing you to sign a contract on the first call, offering a "limited-time discount," or telling you that you'll lose benefits if you don't act today, walk away. Your VA claim isn't going anywhere, and a legitimate representative will give you time to think.

They won't put fees in writing

Under 38 CFR § 14.636(g), fee agreements between veterans and accredited representatives must be in writing and filed with the VA within 30 days of execution. If someone is verbally quoting fees, dodging the paperwork, or refusing to file the agreement with VA, they're either unaccredited or violating the rules that apply to accredited reps.

The Three Categories of Accredited Help — And What Each Costs

Once you've confirmed someone is accredited, you still have a choice to make. There are three categories of accredited representatives, and they operate differently.

Veterans Service Organizations (VSOs)

Think DAV, VFW, American Legion, Wounded Warrior Project. VSO representatives are accredited through their organizations and provide services free of charge. That's a huge advantage. The trade-off is capacity — many VSOs are stretched thin, so individual case attention can vary. For a straightforward initial claim, a good VSO can be an excellent option.

VA-Accredited Claims Agents

Claims agents are non-attorneys who've passed the VA's accreditation exam. They can charge fees on the same terms as attorneys (contingency, only after an initial decision). They're often solo practitioners or work at small firms.

VA-Accredited Attorneys

Attorneys accredited by the VA can handle claims from initial filing through appeals to the Board of Veterans' Appeals. Attorneys typically bring the deepest knowledge of case law and appellate procedure, which matters especially at the appeals stage.

At Augustus Miles, you get accredited representation before the VA combined with a support team of veterans — many of them former clients themselves, which tells you something about the experience they had. That's the peer-level understanding that actually matters when you're in the middle of this.

What About Fees? What's Reasonable?

Here's what you need to know without getting into specific numbers, because different firms structure things differently:

• Accredited attorneys and claims agents work on contingency — a percentage of your past-due (retroactive) benefits if you win.
• Fees are only paid on past-due benefits, not on your ongoing monthly compensation. Your monthly checks going forward are yours, untouched.
• Fees can only be charged after the VA's initial decision on your claim.
• The VA reviews fee agreements for reasonableness. Anything unreasonable can be challenged.

If a rep quotes you a percentage that sounds high, ask them to explain how it compares to what other accredited attorneys charge. A legitimate rep will have that conversation openly.

What to Ask Before You Sign

Here's a short list of questions to ask any potential representative:

1. Are you VA-accredited? Can you show me your accreditation record? Any legitimate rep will happily point you to their VA OGC database entry.
2. What's your fee structure? It should be contingency, only on past-due benefits, and only after an initial decision.
3. Do you handle appeals, including Board appeals? Many claims come down to the appeal stage. Make sure your rep can go the distance.
4. Who will actually be working on my claim? You want to know if you'll have direct access to an attorney or agent, or if you'll be handed off to a case manager.
5. What's your win rate on cases like mine? Nobody has a 100% rate, and anyone who claims that is lying. But an honest rep can talk about their experience with similar cases.

The Bottom Line

Checking accreditation takes five minutes. Skipping it can cost you thousands of dollars, months of delay, or a botched claim that's hard to fix. Before you sign anything, verify.

At Augustus Miles, we welcome that verification. Our VA-accredited attorneys are in the OGC database, our fee agreements are in writing and filed with the VA, and our contingency structure means you pay nothing upfront. If you want a second set of eyes on your claim, or you're trying to figure out whether the outfit you're already talking to is legit, reach out. Our support team is made up of veterans who've been through the process themselves — many of them former clients who came to work here after winning their own claims. You won't pay anything unless we win.

Frequently Asked Questions

How do I verify someone is VA-accredited?

Go to va.gov/ogc/apps/accreditation/ and search by name, city, or state. The VA accredits individuals (attorneys, claims agents, VSO reps) — not firms. If the specific person you're working with doesn't appear in the database, they are not VA-accredited and cannot legally represent you on a VA claim.

Is it illegal for an unaccredited person to charge me for VA claims help?

Yes. Under 38 U.S.C. § 5901, only VA-accredited individuals may represent veterans on VA claims. Under 38 U.S.C. § 5904, only accredited reps may charge fees, and only after the VA's initial decision. Unaccredited operators charging fees are operating outside the law — though enforcement gaps mean this still happens. Verifying accreditation upfront protects you.

What's the difference between a VSO, a claims agent, and a VA-accredited attorney?

VSOs (DAV, VFW, American Legion, etc.) provide free representation but often have high caseloads. VA-accredited claims agents are non-attorneys who've passed the VA's accreditation exam and typically work on contingency. VA-accredited attorneys can handle claims from initial filing through the Board of Veterans' Appeals; if a case goes on to federal court (the Court of Appeals for Veterans Claims), the attorney needs separate admission to that court — many have it, so it's worth asking. Attorneys typically bring the deepest knowledge of case law. All three are legitimate — the right choice depends on your case.

Should I pay anything upfront for VA claims help?

No. Accredited representatives work on contingency for VA disability claims — you only pay if you win, and the fee comes out of your past-due benefits, not out of your pocket. Anyone asking for upfront payment, a file review fee, or a monthly retainer for a VA disability claim is a red flag.

How does Augustus Miles handle accreditation and fees?

Augustus Miles has VA-accredited attorneys on staff, all verifiable in the VA's OGC database. We work on a contingency basis — you pay nothing upfront, and fees only come from past-due benefits if your claim succeeds. Our support team is made up of veterans, many of whom are former clients themselves. If you want to verify our credentials before talking further, we'll point you to the exact records.