38 C.F.R. § 14.636 - Payment of fees for representation by agents and attorneys in proceedings before Agencies of Original Jurisdiction and before the Board of Veterans' Appeals

Cite as38 C.F.R. § 14.636
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33 practice notes
  • Fiduciary Activities
    • United States
    • Federal Register January 03, 2014
    • January 3, 2014
    ...a fiduciary matter before VA and a beneficiary in the fiduciary program, respectively. Regarding fees, we propose that the provisions of 38 CFR 14.636 that reference past-due benefits, use the amount of past-due benefits to calculate a permissible fee, or authorize the direct payment of fee......
  • VA Claims and Appeals Modernization
    • United States
    • Veterans Affairs Department
    • Invalid date
    ...in the fee agreement is presumed to be reasonable in the absence of clear and convincing evidence to the contrary. 38 U.S.C. 5904(a)(5); 38 CFR 14.636(f); see also Scates v. Principi, 282 F.3d 1362, 1365 (Fed. Cir. 2002) (explaining that even if a fee agreement provides for a fee of 20 perc......
  • Part II
    • United States
    • Federal Register May 22, 2008
    • May 22, 2008
    ...there is ambiguity in our use of the term ``unreasonable'' and will not change the rule based upon the comment. As an initial matter, 38 CFR 14.636(e) lists eight factors that VA considers when reviewing a fee agreement for They are the same factors that the Board considered under former la......
  • Fiduciary Activities
    • United States
    • Federal Register July 13, 2018
    • July 13, 2018
    ...fixed or hourly fee for representation of a beneficiary ``in a fiduciary matter,'' provided that the fee meets the requirements of 38 CFR 14.636. We intended that beneficiaries would have the choice of hiring an attorney or claims agent and paying the attorney or claims agent a reasonable f......
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23 cases
  • Military-Veterans Advocacy v. Sec'y of Veterans Affairs, 2019-1600, 2019-1680, 2019-1685, 2019-1687
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • July 30, 2021
    ...PVA have standing to challenge all relate to supplemental claims—one of the three review lanes established by the AMA. Specifically, 38 C.F.R. § 14.636(c)(1)(i) limits when a veteran's representative may charge fees for work on supplemental claims; 38 C.F.R. § 3.2500(b) bars the filing of a......
  • Military-Veterans Advocacy v. Sec'y of Veterans Affairs, 2019-1685
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • July 30, 2021
    ...PVA have standing to challenge all relate to supplemental claims- one of the three review lanes established by the AMA. Specifically, 38 C.F.R. § 14.636(c)(1)(i) limits when a veteran's representative may charge fees for work on supplemental claims; 38 C.F.R. § 3.2500(b) bars the filing of ......
  • Rosinski v. Wilkie, 17-3293
    • United States
    • Court of Appeals for Veteran Claims
    • January 30, 2020
    ...benefits under section 5304. Additionally, the Board ruled that VA was prevented from paying attorneys fees under its own regulation, 38 C.F.R. § 14.636(h)(1), which establishes that no cash payment will be made to veterans unless there is a corresponding waiver in retirement pay. The Board......
  • Ravin v. Wilkie, 16-2057
    • United States
    • Court of Appeals for Veteran Claims
    • March 20, 2019
    ...§ 7263(c), (d). A fee "may be based on a fixed fee, hourly rate, a percentage of benefits recovered, or a combination of such bases." 38 C.F.R. § 14.636(e) (2018). One of the most prevalent arrangements is a contingency agreement that permits the Secretary to pay a fee capped at 20% of "the......
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