GUARD VA Benefits Act would criminalize predatory VA claim ‘sharks
Pago Pago, AMERICAN SAMOA — The GUARD VA Benefits Act, which would reinstate criminal penalties for unaccredited claim representatives who charge unauthorized fees, will also assist veterans with filing a claim for Department of Veterans Affairs (VA) disability compensation benefits.
Congresswoman Uifa’atali Amata, Vice Chairman of the House Committee on Veterans Affairs (HVAC), is an original cosponsor upon introduction of the Governing Unaccredited Representatives Defrauding (GUARD) VA Benefits Act alongside sponsor Congressman Chris Pappas (NH-01), Ranking Member of the Disability Assistance and Memorial Affairs (DAMA) Subcommittee of HVAC; with Congressman Brian Fitzpatrick (PA-01); and Congressman Jeff
Unaccredited claims representatives, or claim sharks, are not subject to VA standards. They strategically advertise their services to avoid regulatory oversight and as a result, may engage in predatory and unethical practices that target veterans and rob them of their VA benefits.
Federal laws and regulations prohibit anyone from assisting a veteran in the preparation, presentation, or prosecution of a VA benefit claim, or charging a fee for this assistance, without accreditation from VA's Office of General Counsel.
However, VA and other federal agencies are limited in their ability to enforce existing law because explicit criminal penalties were stripped from the statute nearly two decades ago. This has contributed to the proliferation of unaccredited claims representatives in recent years. This legislation will discourage for-profit companies from operating outside the bounds of federal law, and will give VA and other agencies an additional tool to protect veteran claimants from predatory practices.
“Our Veterans protected us and our freedoms, and now we can help protect them, their families, and their financial futures from being defrauded,” said Congresswoman Amata. “We cannot allow an unprincipled business to sweep up the lion’s share of a Veteran’s benefits. Part of keeping our national commitment is seeing to it that VA benefits go to the Veteran not a middleman. Thank you to Congressman Pappas for his leadership on this priority.”
“Veterans seeking to access their benefits should not face another battle to do so. Unfortunately, unaccredited, for-profit companies are scamming veterans of their earned benefits under the guise of helping them, and they must be stopped and held accountable,” said Congressman Pappas. “As we continue to implement the PACT Act and expand veterans' benefits, it’s vital we ensure veterans can access these benefits and receive help from representatives that are accredited, engage in transparent and ethical practices, and adhere to VA regulations. I want to thank Representatives Amata, Fitzpatrick, and Van Drew for partnering with me on this legislation as we work to protect veterans’ benefits from predatory claim sharks.”
“For too long, heinous actors have taken advantage of and preyed upon veterans in need of assistance, without consequences, and this practice must end,” said Congressman Fitzpatrick. “Those who served our country are entitled to the benefits offered by the VA, and individuals who attempt to cheat our veterans out of these benefits must be held accountable. I’m proud to join my colleagues in introducing this bipartisan legislation that stands up for our veterans.”
“It is unacceptable that current laws have given unaccredited companies the ability to scam our nation’s veterans when trying to access VA benefits,” said Congressman Van Drew. “Our veterans should not be subject to these harmful and unauthorized tactics, and I am proud of the work my colleagues and I have accomplished in introducing this critical piece of legislation that will protect our veterans from these predatory practices.”
VETERANS SERVICE ORGANIZATIONS PRAISE LEGISLATION:
“The VFW proudly supports this legislation to hold claim sharks accountable for charging predatory fees to VA claimants. If our own accredited service officers illegally charge veterans for claims help, they can be fined or sent to jail. We believe everyone should be held to that same standard and this fundamental consumer protection will weed out those seeking to get rich off of veterans’ earned benefits. We want to thank Representatives Pappas, Amata, Fitzpatrick, and Van Drew for their bipartisan leadership in helping to protect service members, veterans, and their families from claims sharks seeking to prey on them,” said Pat Murray, National Legislative Director, Veterans of Foreign Wars.
“For many of our nation’s disabled veterans, VA disability compensation can be the difference between making ends meet and more severe outcomes such as homelessness. That’s why it’s so vitally important that veterans are properly represented by accredited individuals and institutions when applying for VA benefits. DAV applauds Rep. Pappas for introducing the GUARD VA Benefits Act, which will help ensure disabled veterans receive VA-accredited representation while deterring predatory practices that seek to bilk our nation’s heroes of their earned benefits,” said Joe Parsetich, National Commander, Disabled American Veterans.
The legislation is supported by Veterans of Foreign Wars (VFW), Disabled American Veterans (DAV), The American Legion, National Organization of Veterans’ Advocates (NOVA), Military Officers Association of America (MOAA), Iraq and Afghanistan Veterans of America (IAVA), Paralyzed Veterans of America (PVA), Vietnam Veterans of America (VVA), Wounded Warrior Project (WWP), Military-Veterans Advocacy, Blinded Veterans Association, National Association of County Veterans Service Officers, National Law School Veterans Clinic Consortium, and the National Veterans Legal Services Program.