VA Disability Claims: How a Service Officer Helps

Filing a VA disability claim can feel like a lot of paperwork at a time when you may already be dealing with pain, a mental health condition, or a hard move back to civilian life. The good news is that you do not have to do it alone. The Department of Veterans Affairs recognizes several kinds of helpers, and one of them, a Veterans Service Organization representative, helps for free. This guide explains who does what and when a lawyer may come in.

What VA disability compensation is

According to VA's disability page, VA disability compensation is a monthly tax-free payment for veterans who got sick or injured while serving in the military and for veterans whose service made an existing condition worse. VA says you may qualify for physical conditions, such as a chronic illness or injury, and for mental health conditions, such as PTSD.

The amount depends on a disability rating that VA assigns and on your dependents. VA publishes its rate tables on its own site, and those numbers change, so check them there rather than relying on figures you see elsewhere.

Three kinds of accredited helpers

VA's Office of General Counsel accredits three types of representatives, as explained on the VA accredited representative FAQs:

• Veterans Service Organization (VSO) representatives. They work through a VA-recognized organization.
• Attorneys. VA says an accredited attorney must be a member in good standing of at least one state bar.
• Claims agents. VA says an accredited claims agent must pass a written test about VA laws and procedures.

The key point is accreditation. VA says that if someone who is not accredited tries to help you prepare, present, or prosecute your VA benefit claim, you can file a complaint about them. Before you share your records with anyone, check that they are accredited.

What a VSO representative does

VA says an accredited VSO representative can help you gather evidence, file a claim, or request a decision review, and can communicate with VA on your behalf. VA also states that the services an accredited VSO representative provides on your VA benefit claim are always free.

VA notes that veterans use VSO representatives more often than other types of representatives on initial claims. When you work with a VSO, you usually appoint the organization as a whole, so you may work with different representatives from the same organization without filling out another form.

To appoint a VSO, VA uses VA Form 21-22. The VA page on getting help from an accredited representative has a search tool to find one and explains how to submit the form. VA does not assign a representative automatically, and if you appoint a new one, they replace the old one.

How filing a claim works

The VA page on how to file a claim explains the basic steps. You can support your claim with documents such as:

• VA medical records and hospital records
• Private medical records and hospital reports
• Supporting statements from family, friends, clergy, law enforcement, or people you served with

VA says it will also review your discharge papers, such as your DD214, and your service treatment records. You do not have to submit evidence yourself, but VA may schedule a claim exam. If VA schedules exams, VA advises not to miss them.

VA also explains the "intent to file" option for paper claims. Notifying VA of your intent to file can give you time to gather evidence while protecting an earlier start date, known as the effective date. If you file online, VA says your effective date is set automatically when you start the form. A VSO representative can walk you through these choices.

When an attorney or claims agent may help

VA explains that some accredited attorneys and claims agents provide services for free on initial claims, but most offer their services after VA has made a decision on your initial claim. At that stage, VA permits them to charge fees.

Accredited attorneys and claims agents can help gather more evidence and write legal arguments for a Supplemental Claim, a Higher-Level Review, or an appeal to the Board of Veterans' Appeals. These are the decision review options VA offers if you disagree with a decision.

VA says an accredited attorney or claims agent can charge fees only after VA has received a fee agreement signed by both of you and VA Form 21-22a appointing them. Before you sign, VA suggests discussing the fee amount, how it will be paid, and what happens if you discharge the representative or they withdraw before benefits are awarded.

If you later disagree with a fee, VA says you may ask the Office of General Counsel to review it to make sure it is fair, but you must act quickly.

Changing or complaining about a representative

VA says you can discharge your accredited representative at any time and for any reason, or appoint a new one. If you do, tell your former representative right away. If you believe a representative showed a lack of skill or engaged in misconduct, you can file a complaint with VA's Office of General Counsel.

Other free legal help for veterans

Some veterans have legal problems beyond the VA claim itself, such as debt, housing, or family issues. The USAGov legal aid page lists Stateside Legal, which offers free legal help for military members, veterans, and their families, and VA's legal help resources, which include free legal clinics.

If your situation also involves Social Security disability benefits, those are handled by a different agency with different rules. Our page on Social Security disability lawyers explains that practice area, and our guides on legal topics cover related questions.

Frequently asked questions

Does a VSO representative charge for help with a VA claim?

VA states that the services an accredited VSO representative provides on your VA benefit claim are always free.

Do I need a lawyer for my first VA disability claim?

Many veterans file initial claims with help from a VSO representative. VA says most accredited attorneys and claims agents offer services after VA decides the initial claim.

How do I know if someone is accredited?

Use the search tool on VA's accredited representative page and confirm the person or organization before you sign anything or share records.

Can I switch representatives?

Yes. VA says you can discharge a representative at any time and for any reason, or appoint a new one.

Related: Browse guides on legal topics and Social Security disability lawyers.

General information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.