VSO, claims agent, or attorney: who should help with my VA claim?

The three types of VA-accredited representatives

VA accredits three types of people who can legally help you prepare, present, and pursue a VA disability claim: VSO representatives, claims agents, and attorneys. Each has different training requirements, costs, and authority. VA Benefits Administration – Accredited Representatives^[1]

No one may assist claimants in the preparation, presentation, or prosecution of a VA claim unless VA has first accredited them for that purpose. 38 CFR § 14.629^[2] Attorneys must be members in good standing of a state bar. Claims agents must score 75 percent or higher on a written examination administered by VA. VSO representatives must be certified by their organization and approved by VA. All three must have good moral character. 38 CFR § 14.629^[2]

What a VSO representative can do and what it costs

VSO representation is always free. A VSO representative works for an accredited veterans service organization, such as the American Legion, DAV, VFW, or dozens of others, and provides claims help at no charge. VA.gov – VA Accredited Representative FAQs^[3]

VSO representatives can help you gather evidence, fill out forms, file claims, request decision reviews, and correspond with VA on your behalf. They can appear at the Board of Veterans' Appeals. When you appoint a VSO, you appoint the organization itself using VA Form 21-22. That means you may work with different representatives from the same organization over time without filing a new form. VA Form 21-22^[4]

The tradeoff is capacity. Large VSOs handle high claim volumes. Some offices have more experienced representatives than others. Free does not mean lower quality, but it does mean your access to any one representative may be limited.

What a claims agent can do and what it costs

A claims agent is an individual, not affiliated with any organization, who passed VA's written accreditation exam and is separately approved by VA to represent claimants. 38 CFR § 14.629^[2] Claims agents can do much of what attorneys do at the VA level: prepare and file claims, gather evidence, develop the record, and represent claimants before the Board.

The fee rules for claims agents and attorneys are identical. No fee may be charged for services provided before VA issues notice of an initial decision on the claim. 38 USC § 5904^[5] After that initial decision, a claims agent may enter a fee agreement. A fee of 20 percent or less of past-due benefits awarded is presumed reasonable under federal law. 38 CFR § 14.636^[6]

The key limit: claims agents cannot practice at the U.S. Court of Appeals for Veterans Claims. Only attorneys admitted to the CAVC bar may represent claimants there. CAVC – Finding a Representative^[7] If your case reaches the federal courts, a claims agent cannot follow it.

What a VA-accredited attorney can do and what it costs

A VA-accredited attorney can do everything a claims agent can do at the VA level, and can also represent you at the CAVC and in federal court. That broader authority matters when a case involves a legal question that has to be resolved through litigation rather than through VA's internal review system.

The same pre-decision fee prohibition applies to attorneys. No attorney may charge for work done before VA issues notice of the initial decision on a claim. 38 USC § 5904^[5] That means an attorney can help with an initial claim without charge, and representation before a first decision is lawful. The fee restriction is about charging, not about helping.

After VA issues the initial decision, an attorney may enter a written fee agreement. A fee of 20 percent or less of past-due benefits awarded is presumed reasonable. 38 CFR § 14.636^[6] A fee above 20 percent is not automatically prohibited, but it must be shown to be reasonable and is subject to VA review. 38 USC § 5904^[5]

The Secretary of Veterans Affairs is represented by government attorneys before the CAVC. That is the adversarial posture a claimant faces at that court. Claims agents cannot appear there, and VSO representatives cannot appear there either. CAVC – Finding a Representative^[7] If a case reaches the CAVC, only a CAVC-admitted attorney can represent the claimant.

When each type of representative tends to make sense

The right choice depends on where your claim is, how complex it is, and whether you expect federal litigation.

A VSO representative makes the most sense for a straightforward initial claim, especially if cost is a concern. Free accredited help is real help. If your claim is relatively simple, involves well-documented service connection, and is at the initial or Supplemental Claim stage, a VSO representative can handle it competently.

A claims agent or attorney becomes more relevant when the claim is complex, when a prior denial needs to be challenged, or when the record has gaps that require strategic decisions about evidence and theory. Those are legal judgment calls. A claims agent or attorney can make them. A VSO representative may or may not have the bandwidth or training to do the same. Neither claims agents nor attorneys can charge for helping before the first decision, so cost is not a barrier at that stage.

An attorney is the only option once the case is at the CAVC. If you believe the Board made a legal error and want to appeal to federal court, you need a CAVC-admitted attorney.

One thing to sort out before choosing: is your claim an initial filing, a Supplemental Claim, a Higher-Level Review, a Board appeal, or a CAVC appeal? The stage matters because it determines what evidence can be added, what review options exist, and how much the outcome depends on legal argument versus factual development. An accredited attorney can advise on that question. A VSO representative can too, though the quality of that advice varies.

How to appoint a representative and verify accreditation

Use VA Form 21-22 to appoint a VSO. Use VA Form 21-22a to appoint an individual attorney or claims agent. VA Form 21-22^[4] VA Form 21-22a^[8] You can only have one accredited representative at a time. Filing a new form replaces the previous one. VA Form 21-22a^[8]

Before you sign anything or appoint anyone, verify that the person is actually accredited by VA. The VA Office of General Counsel maintains a searchable database of all accredited VSO representatives, claims agents, and attorneys. VA OGC Accreditation Search^[9] Search by name. Confirm the accreditation status is current. Someone who is not listed in that database is not authorized to charge you a fee or represent you before VA.

Accreditation does not expire on a fixed schedule the way a bar license does, but VA can cancel accreditation for misconduct, including charging a fee for pre-decision work. 38 CFR § 14.636^[6] The OGC database reflects current status. Check it before you sign.