A direct‑pay fee agreement is a fee agreement between the claimant or appellant and an agent or attorney providing for payment of fees out of past‑due benefits awarded directly to an agent or attorney. § 14.636(g)(1).įee agreements must also clearly specify if VA is to withhold and pay the agent or attorney directly out of the claimant’s award of past-due benefits. (5) The specific terms under which the amount to be paid for the services of the attorney or agent will be determined. (3) The name of any disinterested third‑party payer and the relationship between the third‑party payer and the veteran, claimant, or appellant. (2) The name of the claimant or appellant if other than the veteran. To be valid, a fee agreement must include the following information: § 5904(c)(1).Īll agreements for the payment of fees for services of agents and attorneys must be in writing and signed by both the claimant or appellant and the agent or attorney. This limitation does not apply to fees charged, allowed, or paid for services provided with respect to proceedings before a court. Once VA makes its initial decision, only then may a fee be charged for services provided pursuant to the initial decision. An agent or attorney may assist a veteran or a claimant without charge in the initial presentation of an application for benefits. Under current law, fees may not be charged by an agent or an attorney for work performed in connection with the filing of a claim for VA benefits. Text of 38 CFR 14.636 - Payment of fees for representation by agents and attorneys in proceedings before Agencies of Original Jurisdiction and before the Board of Veterans' Appeals.Īgents and attorneys may not charge or be paid for services with respect to services provided before the date on which notice of the initial claim is issued. Text of - Recognition of agents and attorneys generally. The following information is being provided to ensure that all parties to a fee agreement understand the rules concerning the charging of fees for representation in this area of the law.įees for representation by agents or attorneys in proceedings before VA, BVA, and the CAVC are defined by statute and regulation. NOVA believes that it is important for veterans and their families to be fully informed on the subject of how fees are charged by agents and attorneys. Consistent with that goal, providing information to the public about how fees are charged for such representation is both appropriate and necessary. Court of Appeals for the Federal Circuit. Court of Appeals for Veterans Claims (CAVC), and the U.S. (NOVA) is committed to the continuing education of agents and attorneys who represent veterans and their families in claims before the Department of Veterans Affairs (VA), the Board of Veterans' Appeals (BVA), the U.S. The National Organization for Veterans’ Advocates, Inc.
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