VA Form 0904: Appeal General Counsel Fee Agreement Decision – If you’ve received a decision from the VA Office of the General Counsel (OGC) regarding a fee agreement with an accredited claims agent or attorney, VA Form 0904 explains your appeal rights. This official form outlines the process for disagreeing with the OGC’s determination on the reasonableness of fees charged for representing you in a VA benefits claim.
Veterans and claimants in the USA seeking to protect their past-due benefits or challenge fee allocations should understand this process thoroughly. Below is a complete guide based on official VA sources.
What Is VA Form 0904?
VA Form 0904 is titled “Your Rights to Appeal the General Counsel’s Decision Concerning Your Fee Agreement.” It provides step-by-step instructions for appealing an OGC decision on a motion to review a fee agreement between a veteran/claimant and their representative.
The form applies when the OGC reviews a fee agreement (often a contingency fee, typically up to 20% of past-due benefits) for reasonableness under 38 C.F.R. § 14.636. Either party (claimant or representative) can request this review, or OGC may initiate it.
Download the official form here: VA Form 0904 PDF Download VA Form 0904.
When Do You Receive a General Counsel Fee Decision?
The OGC issues a decision after reviewing a fee agreement or default fee allocation notice. This often occurs after VA awards past-due benefits and a representative has a valid fee agreement on file.
Key triggers include:
- Disputes over the reasonableness of fees.
- Challenges to default fee allocations.
- Motions filed within applicable time limits (e.g., 60 days for certain reviews or up to 120 days in some cases).
The decision becomes final if not appealed timely.
How to File a Notice of Disagreement with the OGC Decision
If you disagree with the OGC’s decision:
- Write a letter stating your disagreement. This is called a Notice of Disagreement (NOD).
- Send it to: Office of the General Counsel (022D), 810 Vermont Avenue, NW, Washington, DC 20420.
Deadline: The NOD must be postmarked or received within 60 days from the date of the OGC decision letter.
Missing this deadline makes the decision final.
What Happens After Filing the Notice of Disagreement?
OGC will review your NOD. If the decision does not change, they will issue a Statement of the Case (SOC) explaining the legal basis and facts. You will also receive VA Form 9 (Appeal to the Board of Veterans’ Appeals).
Filing a Substantive Appeal with VA Form 9
To continue your appeal:
- Complete and file VA Form 9 (substantive appeal).
- It must be postmarked or received within 30 days from the date of the Statement of the Case.
Send a copy to the opposing party (e.g., your former representative). They have 30 days to respond. OGC then certifies the case to the Board of Veterans’ Appeals (BVA).
Can You Request a Hearing Before the Board?
Yes. On VA Form 9, you can request a hearing (in-person, video, or virtual). Hearings are optional but can help present your case. The BVA is not required to hold one unless requested.
What Can the Board of Veterans’ Appeals Decide?
The BVA can:
- Uphold the OGC decision.
- Modify it.
- Remand for further processing.
Further appeal from the BVA may go to the U.S. Court of Appeals for Veterans Claims (CAVC) in some cases.
Additional Evidence and Representation
- No new evidence is generally allowed at this stage, as the record for fee disputes is closed per regulations.
- Get help: You may use a VA-accredited attorney, claims agent, or Veterans Service Organization (VSO) representative. VSOs often provide free help. Search accredited representatives at the VA OGC accreditation database.
Where to Find More Information on Appeals?
- Read the BVA’s “How Do I Appeal” booklet.
- Review 38 C.F.R. Part 20 (BVA Rules of Practice) and § 14.636 (fee rules).
- Official resources: VA OGC Accreditation page VA OGC Accreditation & Fees.
Important Deadlines Summary
- 60 days — File Notice of Disagreement with OGC.
- 30 days — File VA Form 9 after receiving the Statement of the Case.
Act quickly—deadlines are strict and extensions are limited.
Why This Matters for Veterans
Fee disputes can significantly impact the net benefits you receive. Understanding VA Form 0904 empowers you to ensure fees charged by representatives are reasonable and fair. Always consult official VA sources or an accredited representative for your specific situation.
For the latest forms and guidance, visit VA.gov Forms or contact the OGC. This article is for informational purposes and based on current VA publications as of 2026. Regulations can change, so verify with primary sources.