How Much Does a VA Disability Lawyer Cost?
Veterans disability claims lawyers collect a portion of the back pay benefits they help secure in exchange for their support in navigating the VA appeals process.
Summary
- VA disability lawyers’ costs are recovered in the form of a contingency fee, usually ranging from 20% to 33% of the back pay benefits they obtain for their client.
- These fees are only taken out of the back pay benefits awarded by the VA, not the veteran’s future disability benefits.
- Veterans don’t pay until the VA resolves their claim; fees are contingent on successful appeals.
- Hiring a VA disability lawyer ensures expert legal assistance without upfront costs or the risks associated with relying on VA consultants.
To be sure that you are receiving the full VA disability benefits you are entitled to, you should have an expert review your case. At VetLaw, we believe that trust is essential, which is why we want to provide clients with a transparent look at what a VA disability lawyer costs.
Our team strives to be accessible to veterans from all backgrounds by maintaining affordable legal services. We recognize that we have an integral role in the VA disability claims process.
Therefore, our team takes our commitment to helping veterans obtain benefits seriously. Schedule a free consultation with us by calling (855) 964-1925. You can also complete a brief contact form on our website.
We are glad to discuss your various options for appealing a denied claim and explain common VA disability benefits terms that play a role in your case. You can depend on us to help you determine what you should do next.
What a VA Disability Lawyer Cost to Hire
If you are struggling to appeal your veterans disability claim, you can likely benefit from the experience of a VA disability lawyer. Too often, veterans go through the stressful VA appeals process alone.
Many don’t realize that the cost of hiring a VA-accredited disability claims attorney is quite affordable. If you are familiar with how legal fees work in personal injury claims, the fee system for veterans disability claims should seem similar.
However, instead of collecting a fee from an insurance company settlement, a veterans disability appeals lawyer recovers their contingency fee from the back pay benefits the VA awards.
A Portion of Your Back Pay Benefits Cover Your Attorney’s Fees
The contingency fee is about 20% to 33% of the sum of the back pay benefits the VA grants. Back pay benefits are the disability payments you would have received if the VA had originally approved your claim when you first filed it.
When you are considering what a VA disability lawyer costs, remember the fee only applies to the back pay benefits. Attorneys do not collect any of the VA disability benefits you will receive going forward. This is a one-time fee, not an ongoing commission.
How a Contingency Fee Agreement With a Veterans Disability Attorney Works
There are a few key distinctions between how VA disability lawyers handle payment for their services and how most attorneys operate. As the client, that means you can expect:
- No up-front payment or collateral is required.
- You don’t have to pay out-of-pocket during or after your disability claim is resolved.
- The fee percentage they charge will remain the same.
- A VA disability claims attorney is not entitled to a contingency fee unless they are successful in appealing for additional benefits.
Essentially, a veterans disability appeals lawyer shoulders the expenses of filing your claim entails. They do this in the hopes that they will recover their costs at the conclusion of the VA appeals process.
A Veterans Disability Lawyer’s Fees Are Performance-Based
VA disability lawyers are not paid regardless of whether they help you secure VA disability benefits. In addition to their desire to help their clients and maintain a solid reputation, this serves as motivation for a veterans disability claims denial lawyer to do their best for you.
For instance, if a VA disability lawyer helped you recover $6,000 in back pay benefits and they charged a 30% contingency fee for their services, they would earn $1,800.
However, if they went above and beyond to maximize your compensation and secured $10,000 in back pay benefits, then they could earn a $3,000 contingency fee.
In short, veterans disability claims attorneys’ fee structures reward success and minimize the veteran’s risk.
Exploring an Example of How a VA Disability Benefits Lawyer Charges Legal Fees
Say that you filed a VA disability claim for service-related COPD at the beginning of January 2024, but the VA denied your initial claim due to a lack of service connection.
You decide to hire a VA-accredited veterans disability benefits lawyer. They are able to help you appeal the decision by presenting new evidence of a medical nexus.
The VA approves your claim at the beginning of November 2024, although January 2024 remains your effective date. For this example, let’s say you have a 40% VA disability rating for your COPD and a dependent spouse.
- Based on the 2024 VA disability compensation rates, the VA owes you $838.28 in disability benefits for each month since your effective date.
- In total, ten months’ worth of back pay benefits at that level would amount to $8,382.80.
Now, you need to deduct your VA disability lawyer’s 30% contingency fee.
- 30% of the back pay benefits they helped you obtain amounts to a fee of $2,514.84 for their services.
- You would receive $5,867.96 in back pay benefits for your VA COPD disability claim.
The Government Will Cover the Cost of a VA Disability Lawyer for CAVC Claims
One exception to the typical fee agreement between a veterans disability claims lawyer and their client occurs when a veteran appeals their case to the U.S. Court of Appeals for Veterans Claims (CAVC). This court has limited jurisdiction.
The CAVC evaluates decisions made by the Board of Veterans’ Appeals to assess whether the BVA made an error. Only a small number of cases go this far in the appeals process.
How the Equal Access to Justice Act Keeps Legal Action Against CAVC Affordable
If a VA disability lawyer successfully convinces the CAVC to either reverse the BVA’s decision or remand it back to the BVA to be reexamined, then the federal government will cover the cost of their legal services for the CAVC appeal.
That means the veteran keeps the full sum of their back pay benefits without giving a portion to their attorney. The government’s obligation to pay an attorney’s fees in the event of a successful appeal to the CAVC is enshrined in the Equal Access to Justice Act.
If your VA claim has been escalated all the way to the CAVC and the CAVC agrees that you have been wronged, you and your lawyer have likely invested a considerable amount of time, effort, and resources in appealing your case.
The EAJA recognizes that this is a considerable burden for many veterans. Therefore, this legal provision ensures that appellants can afford legal representation for justified claims.
Call an Experienced VetLaw Attorney to Discuss How We Can Help You File a Veterans Disability Claim Appeal
The bottom line is, veterans should be aware that the cost of a VA disability lawyer is not a barrier to obtaining qualified legal assistance for their claim. VetLaw understands the importance of being able to access expert legal support for a VA disability claim appeal, and we are committed to serving vets across the country.
We assist with veteran disability appeals from New Jersey to California and everywhere in between, so don’t hesitate to give us a call. Our VA disability attorneys are proud to represent veterans with service-connected disabilities seeking benefits.
Get in touch with our team by calling (855) 964-1925 or completing a brief contact form on our website.
We’ll help you schedule a free consultation with one of our knowledgeable VA-accredited disability claims lawyers. At your appointment, a VetLaw veterans disability attorney will review your case and provide legal guidance specific to your claim.
Frequently Asked Questions
How soon after the VA denies my claim should I hire a veterans disability appeals lawyer?
Veterans can avoid making mistakes in the appeals process by securing VA-accredited legal representation as soon as possible. You’ll want to act quickly after the VA informs you of its decision about your disability claim. This is because you have to initiate the appeals process within a year.
If you don’t alert the VA that you will be appealing your claim denial before this deadline, the VA assumes that you don’t intend to contest their decision. Then, it labels your case as “closed”. That doesn’t mean you can never appeal the VA’s decision, but it does make it significantly more difficult.
To proceed with reopening a previously denied claim, you can’t just ask for a Higher-Level Review with a more experienced VA evaluator. You have to be able to offer new and relevant evidence before the VA will agree to re-examine your case.
To avoid this scenario, don’t let the cost of a VA disability lawyer delay your decision to file an appeal. Waiting to hire a veterans disability claims attorney could leave you with limited options.
Are VA consultants or VA coaches cheaper than hiring a VA disability lawyer?
Hiring a VA consultant is much riskier than hiring a VA disability claims attorney. They may ask for a hefty up-front payment, but oftentimes they do not have the expertise to justify their prices. If they don’t deliver results, they still have your money, or they may charge you a fee anyways.
With a VA disability appeals lawyer, you know the cost of their services from the start. The VA also sets limits on what they can charge. Additionally, you don’t have to worry about receiving a bill from them if they can’t get you additional disability benefits.
Can a veterans disability lawyer charge me for their help filing my initial claim with the VA?
A veterans disability claims attorney can offer you legal support in your first attempt to secure VA disability benefits. However, they can’t charge you a fee for their time, resources, or advice.
If they try to, they could jeopardize their VA accreditation, as federal law strictly prohibits collecting a fee for an initial claim.
Consequently, veterans disability attorneys generally won’t accept a case until it has been denied by the VA at least once. If you are looking for more extensive guidance with your initial VA disability claim, you may be directed to a reputable VSO, or Veterans Service Organization.
Accredited VSO representatives are authorized to assist veterans with their initial disability claims. Their services are free. The VA has an online search tool that veterans can use to locate accredited Veterans Service Organizations across the country.
