FAQs

How much does a VA disability lawyer cost?

VA disability lawyers work on contingency – no upfront costs and no hourly billing. If you win, the fee comes out of the back pay the VA owes you; if you don’t win, you owe nothing. Federal regulations shape what firms can charge: a fee of 20% or less of back pay is presumed reasonable, and anything over 33.3% is presumed unreasonable. In practice, most firms charge somewhere in that 20% to 33% range.

The difference usually reflects how the firm works – firms at the higher end typically carry smaller caseloads, advance case expenses like independent medical opinions and vocational experts, and put more attorney time into each case. Whoever you talk to, ask what percentage they charge, whether they advance case costs, and whether those costs come out separately. At After Service, our consultations are always free.

Do I have to pay anything upfront?

No – you pay nothing to start, nothing while your appeal is pending, and nothing at all unless we win your case. We also advance case expenses – things like independent medical opinions and vocational expert reports that are often what wins an appeal – so you’re not paying out of pocket along the way. If we win, the fee comes only out of your retroactive back pay award, never out of your ongoing monthly benefits. And the initial consultation is free.

Is hiring a VA disability lawyer worth it?

I went through the VA disability process myself after leaving the Air Force, and it took 8 years to get my own claim right – so I understand the frustration firsthand. Whether a lawyer is worth it depends on your particular situation. For a straightforward initial claim, you may not need an attorney. After a denial, the calculation changes: appeals are won on evidence and legal argument, and attorneys statistically win a higher percentage of appeals than other types of representatives.

Because fees are contingent, a lawyer only gets paid a percentage of back pay if you win – you’ll never pay more than you recover. Since 2014, our firm has recovered more than $40 million in back pay for veterans.

Should I use a free VSO or hire a lawyer?

Veterans service organizations like the American Legion provide free representation, and for a straightforward initial claim a VSO can be a good place to start. The tradeoff is that VSO representatives are often stretched thin and limited in what they can do – it’s a bit like being assigned a public defender versus hiring your own attorney. The difference shows up most on appeal: developing medical evidence, obtaining independent medical opinions, and making legal arguments to the Board are things VA attorneys do every day. And because VA attorneys only charge a fee if they win your appeal, cost is less of a dividing line than most veterans assume.

How long will my VA appeal take?

How long your VA appeal will take depends on the route. A Higher-Level Review or Supplemental Claim usually comes back in 3 to 6 months. Appeals to the Board of Veterans’ Appeals take longer: roughly 6 to 12 months on the direct review docket, 12 to 24 months if you submit new evidence, and 4-6 years if you request a hearing. After a win, the VA typically takes another 1 to 3 months to calculate and pay retroactive benefits.

The wait is frustrating, but your effective date is protected while the appeal runs – the back pay covers the time you spent waiting. Part of our job is helping you choose the route that gets you the strongest result in the most time efficient manner.

Can I work while receiving TDIU?

Yes, you can work while receiving TDIU – within limits. Many veterans assume TDIU requires zero income, which is not correct. The VA’s standard is whether you can hold “substantially gainful” employment.

Work is considered marginal – and generally does not disqualify you – if your earned income stays below the federal poverty threshold for one person ($15,960 in 2026). Only earned income counts: VA compensation, Social Security, and investment income are excluded. There’s also an exception for protected work environments, like a family business that accommodates your disabilities far beyond what a typical employer would. The line between qualifying and not qualifying often comes down to how your work situation is documented and presented.

Can I get TDIU if I’m over 65 or already retired?

Yes. There is no age limit for TDIU, and the VA may not consider your age when deciding whether you’re unemployable. The question is the same whether you’re 45 or 75: do your service-connected disabilities prevent you from holding substantially gainful employment? More than half of our clients are over 60. If you retired earlier than you wanted because your service-connected conditions made work impossible, or even if you didn’t retire early but you couldn’t return to work now because of them, you can win TDIU, even if you haven’t worked in years.

Can the VA take away my TDIU benefits?

The VA generally only takes away TDIU benefits if you return to work. Specifically, the VA does an annual check with Social Security to see if you’ve had income above the poverty threshold, and if you did, the VA will propose to stop your TDIU. Marginal work under the income threshold does not automatically put your benefits at risk. If you receive a proposal from VA to stop your TDIU, you have 30 days to request a personal hearing and 60 days to respond with evidence. If you don’t respond, VA will stop your TDIU. This is one of the situations where getting help quickly matters most.

What happens after I hire After Service?

You work directly with your attorney from beginning to end – we don’t route clients through case managers or layers of support staff. The first step is requesting and reviewing your entire VA claims file, because VA errors from years ago can be worth significant back pay: I once found a forgotten 1992 appeal in a client’s file that turned into more than half a million dollars. From there we build the appeal – gathering medical evidence, obtaining independent medical opinions where needed, and making written legal arguments to the VA. Throughout, you’ll always know where your case stands and what comes next, and when something needs your input, you hear it from your attorney directly.