FWD Assist HQ
Who Can Charge You
A company wants money to help with your VA claim. Here is how to tell whether they are allowed to, what the law actually says, and what the rules are in your state.
Law verified 11 September 2026
Do this first. It takes one minute.
VA publishes a list of every attorney, claims agent, and representative in the country who is allowed to help with claims. Search the name of the person or the company asking you for money.
Search VA's accreditation listIf they are not on that list, they are not permitted to charge you for claim help. Not "probably not." Not "it depends." They are not permitted.
Three questions that settle almost every case
Question one
Are they on VA's list?
Only accredited people may be paid to prepare, present, or argue your claim. A company can call itself a consultant, a coach, or a medical evidence service. The name does not matter. The work does.
A company saying it only gathers "medical evidence" and does not touch your claim is the most common way around this rule. A federal court rejected that exact defense in 2026.
Question two
Has VA decided your claim yet?
This is the one most veterans do not know. No fee may be charged for work done before VA issues its first decision on your claim. Not by anyone. Not by an accredited attorney either.
So if you are filing for the first time and someone wants to be paid for helping you file, the answer is no, regardless of who they are.
Question three
What exactly is the fee, and when does the bill come?
Get it in writing before you sign anything. The complaint veterans make most often is not that they paid. It is that the bill showed up with the award letter, for an amount nobody explained, for work they felt they did themselves.
Ask one question: what is the largest amount I could owe you, in dollars, and on what day is it due? Anyone who will not answer that plainly has told you something.
What the rule actually is
Four rules cover nearly everything.
One. Nobody gets paid before the first decision. Federal law bars any fee for services provided before VA gives you notice of its first decision on your claim.
Two. After that first decision, only accredited attorneys and accredited claims agents may charge. They also have to have a written fee agreement signed by you, and be formally appointed as your representative.
Three. An accredited VSO representative can never charge you. The DAV, VFW, American Legion, and your county or state veterans office all work through accredited representatives. Their help is free, by law, permanently. That is not a discount. They are barred from taking your money.
Four. There is a ceiling on what an attorney or agent can take. A fee of 20 percent of your past-due benefits or less is presumed reasonable. A fee above one third of your past-due benefits is presumed unreasonable. If VA pays the fee directly out of your back pay, it cannot exceed 20 percent.
Free help exists and is guaranteed to be free. Paid help is legal only after your first decision, only from an accredited attorney or agent, and only up to a limit.
The gap you should know about
Until 2006, federal law made it a crime to charge a veteran an unauthorized fee for claim help. Congress removed that penalty. What is left is a rule with almost nothing behind it.
So VA's main tool against a company charging veterans without accreditation is a warning letter. Reporting by The War Horse found more than forty of those letters went out over ten years, and that at least 29 of 38 warned companies were still in business as of late 2025.
That gap is why the real action has moved to two places: state legislatures, and private lawsuits brought by veterans themselves.
- No fee before the first decision: 38 U.S.C. 5904
- Only accredited agents and attorneys may receive fees: 38 CFR 14.636
- VSO representatives certify they will charge nothing: 38 U.S.C. 5902
- Accreditation required to assist for a fee: 38 U.S.C. 5901; 38 CFR 14.629
- The penalty Congress removed: 38 U.S.C. 5905, as amended by Pub. L. 109-461
- VA's own statement that accredited VSO help is free: va.gov
- Warning letter reporting: The War Horse, 2 Dec 2025
Your state
Twelve states have passed something. They do not all do the same thing, and the difference matters. A disclosure law does not make the fee illegal. It only makes the company tell you about it.
| State | Type | Law | Status |
|---|---|---|---|
| Washington | Ban | RCW 19.335.020 (2014) | In effect |
| Iowa | Ban | Iowa Code ch. 546B (2018) | In effect |
| Nevada | Disclosure | NRS 417.133, 417.135 (2021) | In effect |
| Michigan | Ban | MCL 445.903k (2022) | In effect |
| New Jersey | Ban | N.J.S.A. 56:8-228 (2023) | In effect |
| Maine | Ban | 37-B M.R.S. 12 (2024) | In effect |
| Massachusetts | Ban | G.L. c.115 s.18 (2024) | In effect |
| Illinois | Disclosure | 815 ILCS 505/2YYY (2024) | In effect |
| Utah | Ban | Utah Code 71A-4-102 (2025) | In effect |
| New York | Ban | GBL 349-f, Ch. 491 of 2025 | In effect. Criminal penalty and a right to sue |
| California | Pending | SB 694, signed 10 Feb 2026 | Not in force until 1 Jan 2027, and being challenged in federal court |
| Louisiana | None now | Act 479 of 2024 | Struck down in full by a federal court on 6 Feb 2026. On appeal. No state law applies right now |
If your state is not on this list
Federal law still covers you. Everything in the section above still applies. What you do not have is a state penalty or an easy way to sue under state law. Your practical options are a complaint to VA, a complaint to your state attorney general, and in some cases a private lawsuit.
State law in this area is moving fast and two entries are unsettled. California's law is signed but not yet in force. Louisiana's was thrown out and is on appeal. Check the date at the top of this page. If it is more than a few months old, verify before you act on it.
- Louisiana ruling: Military-Veterans Advocacy v. Landry, M.D. La., 6 Feb 2026
- California: Governor's signing statement, 10 Feb 2026
- New York: S8150, Chapter 491 of 2025
- New Jersey: P.L. 2023, c.150 · Maine: 37-B M.R.S. 12 · Massachusetts: c.115 s.18
- Washington: RCW 19.335.020 · Iowa: ch. 546B · Nevada: NRS ch. 417 · Utah: HB 248
- Background survey: Congressional Research Service LSB11455, updated 13 July 2026
If you already signed, or already paid
You are not the first and the number is not small. Here is what is available.
- Report it to VA. VA takes complaints about accreditation violations in writing at the Office of General Counsel, and by phone at 202-461-7699. VA publishes a guide on how to file.
- Report pension-related schemes to the FTC at ReportFraud.ftc.gov. VA directs these complaints there itself.
- Contact your state attorney general. This is where the results have actually come from. In January 2026, Texas settled with one large claims company, which agreed to stop collecting on an estimated $6.8 million in veteran debt.
- Know that veterans are suing and winning. In May 2026 a federal court in North Carolina ruled that a claims consulting company had illegally prepared and presented claims for a fee without accreditation, rejecting its argument that it was only a consultant. That case is a certified class action.
- Get an accredited representative on your claim now, whatever happened before. It costs nothing and it is never too late to change who represents you.
- How to file a complaint with VA: VA Office of General Counsel
- Texas settlement: Texas Attorney General, 23 Jan 2026
- North Carolina class action: Ford v. Veterans Guardian, M.D.N.C.
- Find an accredited representative: va.gov
What is changing
Congress is being pushed in two opposite directions. As of today, none of it has become law, and the rules above are what govern.
| Bill | What it would do | Where it stands |
|---|---|---|
| GUARD VA Benefits Act H.R. 1732 | Bring back penalties for charging veterans unauthorized fees | Committee hearings held 18 Mar 2026. Not passed |
| CHOICE for Veterans Act H.R. 3132 | Let for-profit companies get accredited and charge, with a cap | Voted out of committee 12 to 11 on 6 May 2025. No floor vote |
| PLUS for Veterans Act H.R. 1656 | Allow fee agreements on initial claims | In subcommittee since 3 Mar 2025 |
VA also proposed tightening its accreditation rules in October 2024. As of this date no final rule has published, so the proposal is not in force.
- Bill status from GPO's official congressional status data, retrieved 11 Sep 2026
- Proposed accreditation rule: Federal Register, 11 Oct 2024, RIN 2900-AR94, still at proposed stage
This page is education, not legal advice and not representation. It does not promise you an outcome, and you should walk away from anyone who does. Nothing here creates an attorney-client or representative relationship.
FWD Assist HQ sells books. That is all we sell. We will never file your claim, never represent you before VA, and never take a percentage of your back pay. Help from an accredited Veterans Service Officer is free, always.
If you are in crisis, call the Veterans Crisis Line at 988, then press 1.
Every legal citation on this page was checked against the primary source on 11 September 2026. Law changes. Check the date before you rely on it.
