38 C.F.R. § 14.636 Attorney Fee Notice

NOTICE REGARDING FEES FOR ASSISTANCE WITH VA DISABILITY CLAIMS

Last Updated: March 12, 2026

This Notice (this “Notice”) is provided by PatriotClaims LLC, a Texas limited liability company with its principal place of business located at 14205 Burnet Road, Suite 570, PMB 553893, Austin, Texas 78728-6529 (“Company,” “we,” “us,” or “our”), to all users of the VetClaims.ai platform (the “Platform”). This Notice is intended to inform United States military veterans (“Veterans”) and other users about the federal laws and regulations governing fees for assistance with claims for disability compensation and related benefits administered by the United States Department of Veterans Affairs (“VA”), and to explain the Company’s fee structure and compliance with such laws and regulations.

This Notice is incorporated into and forms an integral part of the VetClaims.ai Terms of Service and Legal Disclaimer. By accessing, browsing, registering for, or using the Platform or Services in any manner, you acknowledge that you have read, understood, and agree to the terms set forth in this Notice.

I. OVERVIEW OF FEDERAL LAWS GOVERNING FEES FOR VA CLAIMS ASSISTANCE

A. Statutory Prohibition on Charging Fees for Initial Claims (38 U.S.C. § 5904)

Title 38 of the United States Code, Section 5904, prohibits any person from charging, allowing, or paying any fee or compensation for services rendered in connection with the preparation, presentation, or prosecution of any initial claim for VA benefits, except as authorized by the VA Secretary. The purpose of this prohibition is to protect Veterans from being charged fees by unscrupulous individuals or organizations at the initial claims stage, and to ensure that Veterans have access to free assistance from VA-accredited attorneys, agents, and Veterans Service Organizations (“VSOs”) during the initial claims process.

38 U.S.C. § 5904 provides, in relevant part:

“Except as authorized by the Secretary under section 5906 of this title or under any other provision of law, no fee may be charged, allowed, or paid for services of agents or attorneys with respect to services provided before the date on which a claimant is provided notice of the agency of original jurisdiction’s initial decision under section 5104 of this title with respect to the case.”

Key Points:

Initial Claims: The prohibition applies to “initial claims,” which means claims filed with the VA Agency of Original Jurisdiction (“AOJ”) before the AOJ has issued its initial decision and provided notice to the claimant under 38 U.S.C. § 5104;
Services Covered: The prohibition covers services related to the “preparation, presentation, or prosecution” of claims, which includes activities such as gathering evidence, drafting claim forms, submitting claims to the VA, advocating on behalf of the claimant before the VA, and other representational activities;
Exceptions: The prohibition does not apply to fees charged by VA-accredited attorneys or agents after the AOJ has issued an initial decision on the claim, or to fees authorized by the VA Secretary under 38 U.S.C. § 5906 or other provisions of law;
Penalty for Violations: Violations of 38 U.S.C. § 5904 may result in civil and criminal penalties, including fines, imprisonment, and debarment from representing veterans before the VA.

B. Criminal Penalties for Unauthorized Charging of Fees (38 U.S.C. § 5905)

Title 38 of the United States Code, Section 5905, makes it a federal criminal offense to charge or receive any fee or compensation for services rendered in the preparation, presentation, or prosecution of any VA claim unless authorized by law to do so. This statute is intended to protect Veterans from being charged fees by individuals or organizations that are not properly authorized or accredited to represent Veterans before the VA.

38 U.S.C. § 5905 provides, in relevant part:

“Whoever, being a person not authorized to do so under this chapter, willfully charges or receives, or agrees to charge or receive, any fee or compensation for services rendered in the preparation, presentation, or prosecution of any claim under laws administered by the Secretary shall be fined as provided in title 18, or imprisoned not more than one year, or both.”

Key Points:

Unauthorized Persons: The prohibition applies to any person who is not authorized by law to charge fees for VA claims assistance, including individuals who are not accredited by the VA Office of General Counsel as attorneys, agents, or VSOs under 38 C.F.R. Part 14;
Willful Conduct: The statute requires proof that the person “willfully” charged or received fees, meaning that the person acted knowingly and intentionally in violation of the law;
Criminal Penalties: Violations of 38 U.S.C. § 5905 are punishable by a fine and/or imprisonment for up to one year.

C. Regulation of Attorney and Agent Fees (38 C.F.R. § 14.636)

Title 38 of the Code of Federal Regulations, Section 14.636, establishes the rules and procedures governing the payment of fees to VA-accredited attorneys and agents for representation of Veterans in connection with claims for VA benefits. This regulation implements the fee provisions set forth in 38 U.S.C. § 5904 and provides specific limitations on the amount of fees that may be charged and the procedures for setting and approving fee agreements.

1. Fee Agreements for Representation Before the Agency of Original Jurisdiction

Under 38 C.F.R. § 14.636(c), attorneys and agents may enter into fee agreements with claimants for representation in connection with claims before the AOJ, provided that:

Timing: The fee agreement may only be entered into after the AOJ has issued an initial decision on the claim and provided notice to the claimant under 38 U.S.C. § 5104;
Fee Limitation: The fee may not exceed 20% of any past-due benefits awarded to the claimant as a result of the claim;
Written Agreement: The fee agreement must be in writing and must be signed by both the attorney or agent and the claimant;
Filing with VA: The fee agreement must be filed with the AOJ within 30 days of being signed by the claimant, or within 30 days of the date of the VA decision awarding benefits, whichever is later;
VA Review and Approval: The VA will review the fee agreement to ensure that it complies with the requirements of 38 C.F.R. § 14.636 and will either approve the agreement or require modifications;
Direct Payment from VA: Upon approval of the fee agreement, the VA will withhold the attorney or agent fee from any past-due benefits awarded to the claimant and will pay such fee directly to the attorney or agent.

2. Fee Agreements for Representation Before the Board of Veterans’ Appeals (BVA)

Under 38 C.F.R. § 14.636(d), attorneys and agents may enter into fee agreements with appellants for representation in connection with appeals before the BVA, provided that:

No Percentage Limitation: There is no statutory or regulatory percentage limitation on fees charged for representation before the BVA. The fee is determined by agreement between the attorney or agent and the appellant, and must be reasonable in light of factors such as the complexity of the case, the amount of time and effort expended, the results obtained, and the customary fees charged for similar services;
Written Agreement: The fee agreement must be in writing and must be signed by both the attorney or agent and the appellant;
Filing with BVA: The fee agreement must be filed with the BVA;
VA Review: The VA may review the fee agreement to determine whether the fee is reasonable and may require the attorney or agent to justify the fee.

3. Fee Agreements for Representation Before the United States Court of Appeals for Veterans Claims (CAVC)

Attorneys representing Veterans before the CAVC are subject to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, which governs the award of attorney fees and expenses in cases where the claimant prevails against the United States government. CAVC attorney fees are governed by the CAVC Rules of Practice and Procedure and are not subject to the percentage limitations or fee agreement procedures set forth in 38 C.F.R. § 14.636.

4. Prohibition on Charging Fees for Certain Services

Under 38 C.F.R. § 14.636(g), attorneys and agents may not charge fees for:

Services provided before the date on which the AOJ issues its initial decision on the claim and provides notice to the claimant under 38 U.S.C. § 5104 (i.e., services provided during the initial claims stage);
Services provided to prepare, present, or prosecute a claim for which a fee has previously been awarded or paid;
Services provided to prepare, present, or prosecute a claim before the AOJ if the attorney or agent did not represent the claimant before the AOJ after the AOJ issued its initial decision.

II. COMPANY’S POSITION AND FEE STRUCTURE

A. The Company Is Not Accredited by the VA

PatriotClaims LLC is not a law firm, does not engage in the practice of law, and is not accredited by the VA Office of General Counsel as an attorney, agent, claims agent, or VSO under 38 C.F.R. Part 14. The Company does not represent Veterans in any administrative, quasi-judicial, or judicial proceedings before the VA, BVA, CAVC, or any other governmental body or tribunal.

Because the Company is not a VA-accredited attorney, agent, or VSO, and because the Company does not provide representation services, the fee limitations, fee agreement requirements, and other provisions set forth in 38 C.F.R. § 14.636 do not apply to the Company’s fees.

B. The Company Provides Educational and Informational Services Only

The Company operates the Platform as an educational and informational technology service designed to assist Veterans in understanding, preparing, and managing their own VA disability claims. The Platform provides:

Educational Resources: Articles, guides, tutorials, videos, webinars, and other educational content that explain the VA disability claims process, eligibility requirements, rating criteria, evidence requirements, and procedural rules;
Informational Tools: AI-driven tools, templates, checklists, calculators, and other informational resources that help Veterans gather information, organize evidence, and prepare documentation for submission to the VA;
Self-Help Assistance: Guidance and support that empowers Veterans to independently navigate the VA claims process, make informed decisions, and submit their own claims directly to the VA without the need for representation.

The Company does not:

Prepare, present, or prosecute claims on behalf of Veterans;
Submit claims, appeals, notices of disagreement, supplemental statements, evidence, or other filings to the VA on behalf of Veterans;
Represent Veterans in any hearings, proceedings, or communications with the VA;
Act as an attorney, agent, representative, or advocate for Veterans;
Provide legal advice, legal opinions, legal representation, or legal services of any kind.

C. The Company’s Fee Structure Complies with Federal Law

All fees charged by the Company are flat-rate fees or one-time fees for use of the Platform, educational resources, informational content, and technological tools. Fees are not charged for representation, preparation, presentation, or prosecution of VA disability claims, and fees are not contingent upon the outcome of any VA claim, the approval of any benefits, or any percentage of past-due benefits awarded.

The Company’s fee structure is distinguishable from the fees governed by 38 U.S.C. § 5904, 38 U.S.C. § 5905, and 38 C.F.R. § 14.636 in the following respects:

Not Representation Fees: The Company’s fees are not fees for “services of agents or attorneys” or for “representation” as contemplated by 38 U.S.C. § 5904 and 38 C.F.R. § 14.636. The Company’s fees are flat fees for access to a technology platform, educational resources, and informational tools, comparable to fees charged for online courses, educational platforms, research databases, or software-as-a-service (SaaS) products;
Not Contingent Fees: The Company’s fees are not contingent upon the outcome of any VA claim, the approval of any benefits, or any percentage of past-due benefits awarded. The Company’s fees are payable in advance on one-time basis, regardless of whether the User files a claim, whether the claim is approved or denied, or whether any benefits are awarded;
Not Subject to 20% Limitation: Because the Company’s fees are not contingent upon past-due benefits and are not charged for representation services, the Company’s fees are not subject to the 20% limitation set forth in 38 C.F.R. § 14.636(c);
Not Subject to VA Fee Agreement Procedures: Because the Company does not represent Veterans and does not charge contingent fees, the Company is not required to enter into fee agreements with Users, file fee agreements with the VA, or submit fees to VA review or approval;
Compliance with 38 U.S.C. § 5904: The Company’s fees are consistent with the VA Office of General Counsel’s April 28, 2004 opinion, which clarified that attorneys and other service providers may charge Veterans for “pre-filing consultation services” and “educational services” without violating the fee prohibition contained in 38 U.S.C. § 5904, provided that such services do not involve the preparation, presentation, or prosecution of a specific claim. The Company’s Services are designed to fall within the permissible scope of pre-filing consultation, education, and self-help assistance.

D. VA Office of General Counsel Opinion (April 28, 2004)

The Company’s fee structure and service model are informed by the opinion issued by the VA Office of General Counsel on April 28, 2004, titled “Charging of Fees by Attorneys for Consultation Services Provided Prior to the Filing of a Claim for VA Benefits” (VAOPGCPREC 3-2004). This opinion addressed the question of whether attorneys may charge fees for pre-filing consultation services without violating 38 U.S.C. § 5904. The VA Office of General Counsel concluded that:

“An attorney may charge a fee for consultation services provided to a potential claimant prior to the filing of a claim, provided that those services do not constitute services of an agent or attorney ‘in the preparation, presentation and prosecution of claims’ under laws administered by VA, within the meaning of 38 U.S.C. § 5904(a). Services that would be permissible under this standard would include general legal advice concerning the advisability of filing a claim, the nature of the claims process, and the types of evidence that might be useful in establishing entitlement to benefits. However, services that would constitute the preparation, presentation, or prosecution of a claim—such as gathering specific evidence to support a particular claim, drafting claim forms or substantive statements to be filed with VA, or otherwise directly assisting in the filing of a claim—would be prohibited under § 5904(a).”

The Company interprets this opinion as permitting fees for:

General educational services that inform Veterans about the VA claims process, eligibility requirements, rating criteria, and evidence requirements;
Informational tools and resources that assist Veterans in understanding their rights, gathering information, and making informed decisions;
Self-help assistance that empowers Veterans to independently prepare and submit their own claims, without the direct involvement of the service provider in the preparation, submission, or prosecution of the claim.

The Company does not:

Gather specific evidence to support a particular claim on behalf of a Veteran;
Draft claim forms or substantive statements to be filed with the VA on behalf of a Veteran (although the Company may provide templates, examples, and guidance that Veterans may use to draft their own statements);
Directly assist in the filing of a claim by submitting claims or other filings to the VA on behalf of a Veteran;
Represent Veterans in communications, hearings, or proceedings with the VA.

III. USER RESPONSIBILITIES

A. Understanding Federal Law

Users are encouraged to familiarize themselves with the federal laws and regulations governing fees for VA claims assistance, including 38 U.S.C. §§ 5904 and 5905, and 38 C.F.R. § 14.636. Users should understand that:

Free Assistance Is Available: Veterans are entitled to free assistance with VA claims from VA-accredited VSOs, such as the American Legion, Veterans of Foreign Wars (VFW), Disabled American Veterans (DAV), Vietnam Veterans of America (VVA), and many others. VSOs are accredited by the VA Office of General Counsel and may not charge fees for their services;
VA-Accredited Attorneys and Agents May Charge Fees After Initial Decision: VA-accredited attorneys and agents may charge fees for representation services provided after the VA AOJ has issued an initial decision on the claim, subject to the limitations and procedures set forth in 38 C.F.R. § 14.636;
No Fees for Initial Claims (With Limited Exceptions): Under 38 U.S.C. § 5904, no fees may be charged for services related to the preparation, presentation, or prosecution of initial claims before the AOJ has issued its initial decision, except as authorized by the VA Secretary or other applicable law;
Criminal Penalties for Unauthorized Charging of Fees: Charging or receiving fees for VA claims assistance without proper authorization may result in criminal prosecution under 38 U.S.C. § 5905.

B. Verifying Accreditation Status

Veterans who wish to engage the services of a VA-accredited attorney, agent, or VSO should verify the accreditation status of such attorney, agent, or VSO by:

Visiting the VA Office of General Counsel’s website at https://www.va.gov/ogc/accreditation.asp;
Searching the VA’s online database of accredited attorneys, agents, and VSOs;
Requesting proof of accreditation in writing;
Contacting the VA Office of General Counsel at (202) 461-4996 or [email protected] to confirm accreditation status.

C. Consulting with VA-Accredited Representatives

The Company strongly encourages all Veterans to consult with VA-accredited attorneys, agents, or VSOs to obtain personalized legal advice, representation, and assistance with their VA claims. VA-accredited representatives have specialized knowledge and training in VA law and procedures, are subject to ethical rules and professional standards, and are authorized to represent Veterans before the VA, BVA, and CAVC.

The Company’s Platform is designed to complement, not replace, the services provided by VA-accredited representatives. The Platform is intended to empower Veterans with knowledge, understanding, and tools to make informed decisions and to communicate effectively with VA-accredited representatives, VA personnel, and medical providers.

IV. CONTACT INFORMATION

For questions, concerns, or inquiries regarding this Notice or the Company’s fee structure, please contact:

PatriotClaims LLC
Attn: Legal Department
14205 Burnet Road, Suite 570, PMB 553893
Austin, Texas 78728-6529
Email: [email protected]
Website: https://vetclaims.ai/contact

For information about VA accreditation or to verify the accreditation status of an attorney, agent, or VSO, please contact:

U.S. Department of Veterans Affairs
Office of General Counsel
Accreditation and Discipline
810 Vermont Avenue NW
Washington, DC 20420
Phone: (202) 461-4996
Email: [email protected]
Website: https://www.va.gov/ogc/accreditation.asp

For free assistance with VA claims, Veterans may contact any VA-accredited VSO, including:

American Legion: 1-800-433-3318 | https://www.legion.org
Veterans of Foreign Wars (VFW): 1-800-839-1899 | https://www.vfw.org
Disabled American Veterans (DAV): 1-877-426-2838 | https://www.dav.org
Vietnam Veterans of America (VVA): 1-800-882-1316 | https://vva.org

Veterans may also contact their local VA Regional Office for assistance with claims. A directory of VA Regional Offices is available at https://www.va.gov/directory/guide/division.asp?dnum=3.

This 38 C.F.R. § 14.636 Notice was last updated on March 12, 2026.