articles - Attorney fees

In December 2006, Public Law 109-461, the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Act), was signed into law. Section 101 of the Act amended chapter 59 of title 38, United States Code, governing the recognition of individuals for the preparation, presentation, and prosecution of claims for benefits before VA. Effective June 20, 2007, the Act permits claimants seeking VA benefits to hire and pay an attorney or agent after a Notice of Disagreement has been filed.  On May 22, 2008, the VA issued its final rules implementing the Act. Read the final rules here. 

The new rules apply to all fee agreements “entered” on or after June 23, 2008.  NVLSP is awaiting confirmation from VA as to whether the term “entered” refers to the date on the agreement, or the date that it is filed with VA.  Fee agreements entered into before June 23, 2008 are not subject to the new rules, but continue to be subject to the old rules regarding fee agreements.  The new rules regarding qualifications and standards of conduct for attorneys, agents and representatives, as well as new requirements for fee agreements and procedures for review of fee agreements, are discussed not only in the final rules linked to above, but in chapters 17 and 18 of the 2008 edition of NVLSP’s Veterans Benefits Manual.