Where there is money, there are sharks. The VA disability space is full of them, and they prey on veterans who are frustrated and want a shortcut. Here is how to spot one before it costs you.

How to Spot a Claim Shark Before It Costs You
Albert Thombs
Founder & VA-Accredited Claims Agent · #45147
If someone promises a guaranteed rating or charges a percentage of your back pay up front, walk away. Here are the red flags.

Red flags
- Guaranteed ratings. No one can guarantee a percentage. The evidence decides.
- Percentage of back pay. Charging a cut of your retroactive award is a hallmark of the unaccredited operator.
- No accreditation number. If they cannot give you one that checks out, they cannot legally represent you.
- Pressure and secrecy. Real representation is transparent about fees and process.
What legitimate help looks like
Accredited agents and attorneys work under a written, regulated fee agreement, typically a contingency on the past-due benefits from an appeal, governed by 38 CFR § 14.636. The rules exist to protect you. Anyone routing around them is a warning sign, not a bargain.
Every VA disability claim is adjudicated under the procedures in M21-1, the VA's internal Adjudication Procedures Manual, and the regulatory standards in 38 CFR Parts 3 and 4. Raters are bound by these rules, and when they deviate, veterans have grounds to challenge the decision. Under Gilbert v. Derwinski, the benefit-of-the-doubt standard at §3.102 requires the VA to resolve every evidentiary tie in the veteran's favor. Under Esteban v. Brown, separate disabilities producing separate functional losses must be rated independently, even when they arise from the same injury, the VA cannot collapse distinct impairments into one rating.

Keep Reading
Advice from the AdvocateVA Rating Protection: The 5-, 10-, and 20-Year Rules
Read more
Advice from the AdvocateYour Responsibilities in the Claim, and Why They Matter
Read more
Advice from the AdvocateStop Comparing Your Claim to Another Veteran's
Read more
Advice from the Advocate




