Questions to Ask Before Hiring Someone to Help With Your VA Claim

If you've spent any time trying to navigate a VA disability claim on your own, you already know the deal. The forms are dense, the evidence rules feel like a moving target, and one wrong move on an effective date can cost you thousands in back pay. So it makes sense that a lot of veterans eventually decide they want help.

The problem is that the market for VA claims help is crowded, confusing, and — bluntly — full of operators who shouldn't be anywhere near your claim. Some are excellent. Some are well-meaning but under-resourced. And some are outright predatory, charging fees they legally can't charge and disappearing when things get hard.

This guide walks through the questions you should ask before you sign anything. Think of it as the conversation you'd want to have with a buddy who's been through this before — the one who's going to tell you what actually matters and what's just marketing.

First, understand the three categories of help

Before you start asking questions, it helps to know who's out there. VA claims help generally falls into three buckets:

Veterans Service Organizations (VSOs). Groups like the DAV, VFW, and American Legion have VA-accredited representatives who can help you file at no cost. They're a genuine resource, especially for straightforward initial claims. The tradeoff is caseload — VSO reps often carry hundreds of files, so the depth of attention any single claim gets can vary.

VA-accredited attorneys and claim agents. These are individuals the VA has formally accredited to represent veterans. They can charge a fee, but almost always on a contingency basis, and only after an initial VA decision has been issued. Their fee is a percentage of past-due benefits — never a percentage of your ongoing monthly payments, and never anything upfront.

Unaccredited "claim consultants" or "coaches." This is the category to be careful with. Federal law is clear that only VA-accredited individuals may represent veterans on their claims. Some unaccredited operators try to work around this by calling themselves "consultants" and charging flat fees or percentages that far exceed what accredited representatives are permitted to charge. If someone isn't on the VA's accreditation list, that's a red flag.

Once you know which category you're dealing with, the following questions will tell you a lot.

Question 1: Are you VA-accredited? Can I verify that?

This is the first question, and there's only one right answer. VA accreditation is granted to individuals, not firms, and you can look up any accredited attorney, claim agent, or VSO representative in the VA's Office of General Counsel accreditation database. It takes about a minute.

If whoever you're talking to hesitates, deflects, or tells you accreditation "doesn't apply" to what they do — walk away. Charging for VA claims representation without accreditation isn't a gray area. It's a violation of federal law.

Question 2: How and when do you get paid?

The fee rules for VA claims are strict, and they exist to protect you. Under 38 U.S.C. § 5904 and 38 CFR § 14.636, accredited attorneys and agents:

• Can only charge a fee after the VA has issued an initial decision on your claim
• Almost always charge on a contingency basis — a percentage of past-due (retroactive) benefits
• Cannot charge any percentage of your ongoing monthly compensation
• Must file the written fee agreement with VA within 30 days

What that means in plain English: you should never pay a dime upfront, and no accredited representative can take a cut of your monthly check going forward. The fee comes out of the lump sum of back pay you receive when your claim is granted or increased — and only then.

Ask directly: "What's your fee structure? When do you get paid? What happens if I don't win?" A legitimate answer will sound like "we work on contingency, we only get paid if you win, and the fee comes out of your past-due benefits — nothing upfront, nothing out of your monthly check."

If the answer involves an upfront fee, a monthly retainer, a "consulting fee," or a percentage of your future monthly payments — that's not a legal fee structure for VA claims work. Different firms charge different contingency rates, so ask what theirs is and get it in writing.

Question 3: Who's actually going to work on my claim?

This one gets glossed over a lot. When you sign up with a firm, who is the human being reading your medical records, drafting arguments, and talking to you when something goes sideways?

Some outfits are essentially call centers with a name attached — you talk to a salesperson to sign up, then get handed off to whoever's on rotation. Others have a small bench of accredited attorneys who actually work the file.

Ask: Will I have a consistent point of contact? Are the people working on my claim VA-accredited? What does the support team look like?

At Augustus Miles, you'll work with VA-accredited attorneys backed by a veteran support team. Many of our support team members were AM clients before they joined us — they've been through the VA claims process on their own file, and now they help other veterans through it. That combination matters. The attorneys know the regs; the support team knows what it feels like to be the veteran on the other end of the phone.

Question 4: What's your experience with claims like mine?

VA claims come in a lot of flavors. A first-time PTSD claim is different from a TDIU appeal. A PACT Act presumptive is different from a complex secondary-condition case involving § 3.310 aggravation. A rating reduction defense under § 3.344 is a completely different animal from an initial filing.

Ask whoever you're considering: "Have you handled claims like mine before? What's the typical outcome?"

Be wary of anyone who guarantees a specific rating or a specific dollar amount. Nobody — not the best attorney in the country — can guarantee what the VA will do. What good representation can do is make sure your claim is developed correctly, your evidence is strong, and the legal arguments are sound. Outcomes are never certain, but preparation moves the odds.

Question 5: How do you handle evidence development?

This is where the real work happens. Winning a VA claim usually comes down to evidence — specifically, whether the record supports service connection, current diagnosis, and a nexus between the two. Under 38 CFR § 3.159, the VA has a duty to assist with certain records, but the burden of building a persuasive record often falls on the veteran (and their representative).

Ask: Do you help gather medical records? Do you work with independent medical examiners for nexus opinions when the C&P exam is weak? Do you help me write personal statements and buddy statements?

A firm that just files the forms and waits is not doing the job. Real representation means looking at the whole file, identifying the gaps, and building the evidence to fill them.

Question 6: What's your plan if the claim is denied or underrated?

Denials and lowball ratings happen, even on strong claims. The question isn't whether a firm can win every case on the first try — nobody can. The question is what they do next.

Under the Appeals Modernization Act, you have three review lanes if you disagree with a decision: a Higher-Level Review under § 3.2601, a Supplemental Claim under § 3.2501, or a Board appeal under § 20.202. Each has its own strategic use. A good representative can explain which lane fits your situation and why.

Ask: If we get a bad decision, what happens? Do you handle the appeal, or do I need to hire someone else? Is the appeal covered under our original agreement?

Some operators are only interested in the initial claim and disappear when it's time to fight a denial. Make sure you know what you're getting.

Question 7: How will you communicate with me?

VA claims move slowly. Processing can take months, and appeals can stretch longer. During that time, you deserve to know what's happening with your file — not radio silence punctuated by the occasional form letter.

Ask about communication: How often will I get updates? Who do I call when I have a question? What's the typical response time?

This sounds like a soft question, but it's actually one of the most predictive. Firms that communicate well before you sign tend to communicate well after. Firms that are hard to reach during the sales process are usually harder to reach once they have your case.

Question 8: What do you need from me, and what happens if I don't provide it?

Good representation is a two-way street. You'll need to sign forms, provide records, sit for exams, and sometimes write personal statements about your service and symptoms. Ask what the firm expects from you upfront so there are no surprises.

Also ask what happens if life gets in the way — if you miss a document deadline, or can't make a C&P exam. A good firm will work with you. A bad one will use it as an excuse to close your file.

A note on "claim mills"

You may have heard the term "claim mill" thrown around. It generally refers to high-volume operators — often unaccredited — that sign up as many veterans as possible, charge aggressive fees, and provide minimal actual claim development. Some are outright scams. Others are legally gray operations that exist in the space federal law hasn't fully closed yet.

The questions above are, in large part, how you tell the difference between a claim mill and a real representation firm. Accreditation, fee structure, communication, evidence development, and appeals capability — those are the tells.

Putting it all together

Hiring someone to help with your VA claim is a real decision, and it deserves real questions. The right representative can make a meaningful difference in how your claim is developed and how you're treated along the way. The wrong one can cost you money, time, and — in the worst cases — the claim itself.

If you're weighing your options, take the questions above into every conversation. Ask them directly. Write down the answers. Compare them.

And if you want to have that conversation with us, Augustus Miles is here. Our VA-accredited attorneys handle claims on a contingency basis — you pay nothing upfront, and we only get paid if you win. Our support team is made up of veterans who've been through this process themselves, so you're talking to people who actually get it. Rates and program figures cited on our site are current as of 2026 — check va.gov for the latest numbers.

Frequently Asked Questions

How do I verify that someone is actually VA-accredited?

The VA's Office of General Counsel maintains a public accreditation database where you can look up any attorney, claim agent, or VSO representative. Search by name and confirm the person you're talking to is listed. If they're not there — or if they can't tell you their accreditation status — that's a hard stop.

Is it true that VA claims help has to be contingency-based?

For accredited attorneys and claim agents charging a fee, yes. Under 38 U.S.C. § 5904 and 38 CFR § 14.636, fees can only be charged after an initial VA decision, are almost always structured as a contingency fee, and come out of past-due (retroactive) benefits — never your ongoing monthly compensation. Nobody should be asking you for money upfront.

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

VSOs (like DAV, VFW, and American Legion) offer free assistance through their own accredited representatives and are a solid option, especially for straightforward initial claims. VA-accredited attorneys typically get involved after an initial decision — particularly on denials, underratings, and complex appeals — and work on contingency. Different tools for different points in the process; neither is inherently better than the other.

Can Augustus Miles help if my claim was already denied?

Yes. A lot of the work our attorneys do is on denials and underratings — working through the AMA review lanes (Higher-Level Review, Supplemental Claim, or Board appeal) to build the record and get the decision corrected. If you've got a denial letter in hand, that's actually the stage where accredited representation tends to matter most.

What should I do if I think someone unaccredited is trying to charge me for help with my claim?

First, don't sign anything. Second, verify their status in the VA accreditation database. If they're not accredited and they're charging for VA claims work, they're operating outside federal law. You can report the operator to the VA's Office of General Counsel, and it's worth talking to an accredited representative before you're out any money.