Veterans pay us nothing. Not at the outset, not during the appeal, not when it concludes. There is no retainer, no hourly rate, and no percentage taken from your benefits.

This is possible because of the Equal Access to Justice Act. When a Veteran prevails against the government, EAJA allows the Court to order the government to pay the Veteran's attorney fees. Our fees come from the VA, not from you.

What This Means in Practice

  • No retainer and no fee to begin your appeal
  • No hourly billing at any stage
  • No percentage taken from past-due benefits
  • Fees sought from the government, not from you
  • Your benefits reach you in full

Why the Law Works This Way

Congress passed EAJA on a straightforward premise: an ordinary citizen should be able to challenge the federal government without personal wealth deciding whether that is possible. Without it, only Veterans who could afford counsel could contest a wrongful denial — which would mean the ones least able to absorb a wrong decision would be the least able to appeal it.

The mechanism exists precisely so Veterans can use it. We are structured around it.

What It Means for Deciding to Appeal

Veterans often hesitate to challenge a denial because they assume they cannot afford a lawyer, or that appealing will cost them part of the benefits they are fighting for. Neither is true here. The question of whether to appeal should turn on whether the Board got your case wrong — not on what it will cost you to find out.

Your Benefits Stay Yours

You served. If the VA denied what you earned by applying the law incorrectly, challenging that decision should not cost you a portion of what you finally receive. Under EAJA, it does not.