Understanding When VA Claims Help Should Be Free

By law, most veterans can get free assistance with their VA disability claims from accredited representatives, such as Veterans Service Organizations (VSOs), state and county veterans agencies, or VA-recognized attorneys and agents. Under 38 CFR § 14.636, it is illegal for anyone to charge veterans for help with initial VA disability claims unless the claim has reached a specific appeals stage. Unaccredited individuals or businesses cannot legally charge for claims assistance at any point.

If you paid for help filing your initial claim, you may have been charged unlawfully and could be eligible for a refund.

Who Is Eligible for a Refund?

You may qualify for reimbursement if:

  • You paid anyone (individual or company) for help filing or developing your VA disability claim before a VA decision or before a Notice of Disagreement (NOD) was filed.
  • The person or company was not accredited by the VA Office of General Counsel.
  • You paid more than what is allowed under VA rules, or paid for services that should have been free.

Check your receipts, bank statements, or contracts for any payments related to your VA claim. If you’re unsure, contact your local VSO or visit the VA claims hub for more information.

How to Gather Proof and Prepare Your Refund Request

Start by collecting all documentation of payments you made for claims assistance. This includes:

  • Receipts, invoices, or contracts with the person or company you paid
  • Bank or credit card statements showing the transaction
  • Emails, text messages, or letters discussing the fee

Identify whether the individual or company was VA-accredited at the time. You can search the VA’s official list of accredited representatives at the Office of General Counsel’s website. If they were not listed, you have a stronger case for a refund.

Filing for a Refund: Steps and Forms

The VA is expected to release official guidance and possibly a dedicated process or form for refund requests. In the meantime, you can:

  • Write a letter to your VA Regional Office explaining your situation, including copies of all payment documentation.
  • Include your name, VA file number, and contact information.
  • Request a review under 38 CFR § 14.636 and ask for reimbursement of unlawful fees.

Keep copies of everything you send. If the VA releases a specific form or portal for these claims, follow their instructions closely. For updates, check the explainer index or the VA’s official website.

What to Do If You’re Still Being Charged

If someone is currently charging you for VA disability claims help, stop all payments immediately. Report the individual or business to the VA Office of General Counsel at 1-202-461-7699 or by email at ogcaccreditationmailbox@va.gov. You can also file a complaint with your state Attorney General’s office.

Remember, accredited VSOs and most county and state veterans offices provide claims assistance free of charge. For more guidance, visit our VA claims hub.