top of page

Tiered Fee Structure Explanation

Understanding Our Contingency Fee Agreement

​

At The VA Disability Advocate (VADA), we operate on a contingency fee basis. This means you pay no upfront fees for our representation. Our fee is contingent upon our success in securing past-due benefits for your VA disability case. If we don't win your case or recover any back pay, you don't receive past-due benefits, and you owe us nothing.

​

When we are successful, our fee is a percentage of the past-due benefits awarded to you by the VA. This fee structure aligns with VA regulations (38 C.F.R. § 14.636) and ensures that our interests are directly aligned with yours: we only receive payment when you receive payment.

 

Tiered Fee Agreement – How Our Percentage Is Determined

Every client signs a standard contingency fee agreement, which starts at 20% of past-due benefits recovered by the VA Disability Advocate. This 20% fee is the baseline for all representation and complies with VA regulations.

 

However, not all VA disability claims are the same. Some are straightforward; others involve multiple conditions, prior denials, or complex appeals to the Board of Veterans’ Appeals (BVA) or the Court of Appeals for Veterans Claims (CAVC). To ensure our process remains fair and transparent, we utilize a tiered fee structure that is based on the complexity of your case.

 

How Your Tier Is Determined – Initial Records Review

After we complete your initial records review, we will notify you whether your case remains at the standard 20% tier or if the facts and complexity of your case warrant a higher percentage tier under our agreement.

 

Your tier is not chosen arbitrarily. It is based on factors such as:

  • The number of conditions involved;

  • Whether there are prior denials and how many;

  • The presence of complex legal issues (for example, CUE, CRSC, legacy appeals, or federal-court matters); and

  • The overall time, evidence, and legal work required to pursue your claim or appeal properly.

 

Any higher tier that applies to your case is disclosed to you, and you will know in advance which tier governs your representation.

 

Standard Tier and Higher-Complexity Tiers

  • Tier 1 – Standard Claims (20%) This is the starting point for all clients and applies to more straightforward cases with fewer conditions, limited prior denials, and no unusual legal complications.

  • Tier 2 – Moderate Complexity (25%). For cases with more contentions, at least one prior denial, or more complex medical and/or legal theories (such as multiple presumptive and secondary conditions), the fee may be 25% of the past-due benefits.

  • Tier 3 – High Complexity (30%) For high-complexity matters involving issues such as 10 or more contentions, CUE, CRSC, legacy appeals, or multi-agency involvement, the fee may be 30% of past-due benefits.

  • Tier 3+ – Federal Court Litigation (up to 33.3%) If your case must be appealed to the Court of Appeals for Veterans Claims (CAVC) or another federal court, a separate agreement will govern representation, and fees in that setting may be up to 33.3%, consistent with regulations and court rules.

 

In all cases, fees will not exceed 33.3% of the past-due benefits awarded, in line with VA rules.

​

How Payment Works – VA Withholding and Direct Payment

 

For all clients, the VA is instructed to withhold 20% of any past-due benefits awarded under the standard contingency agreement and send that portion directly to The VA Disability Advocate.

 

If your case qualifies for a higher tier above 20%:

  • The VA withholds the 20%; and

  • You are responsible for paying any agreed-upon additional tiered fee (the amount above 20%) directly to The VA Disability Advocate, as explained in your written agreement.

 

If, for any reason, the VA fails to withhold the fee as instructed:

  • You remain fully responsible for the contingent fee that you agreed to in the contract; and

  • Payment is due directly to The VA Disability Advocate within the time frames described in your agreement.

 

This structure ensures our process remains consistent with VA rules while accurately reflecting the complexity and workload of your case.

 

Please Read Before Signing

Before you sign any fee agreement, we strongly encourage you to review our “Read Before Signing” page, which explains your responsibilities, our process, and the consequences of non-compliance in more detail:

Read Before Signing the Fee Contract

 

​

bottom of page