You or a loved one may be a veteran, spouse or dependent who qualifies for veterans benefits. There are a multitude of persons out there who claim to be able to help you apply for VA benefits. But whom do you choose?
Accreditation.
The first question to ask is whether the individual is accredited. Federal law dictates that no one may help a veteran in the preparation, presentation and prosecution of an initial claim for VA benefits unless that person is accredited. The only exception to this law is that any one person, can help any veteran, one-time only, with a claim. To help any veteran a second time requires accreditation.
VA recognizes three types of individuals for purposes of accreditation.
Accredited attorneys
Accredited agents
Accredited representatives of service organizations. (Veterans Service Officers or VSOs)
In order to be accredited to help veterans with new claims, an individual must submit a formal application to the VA, must meet certain character and work history requirements and, except for attorneys, must pass a comprehensive test relating to veterans claims and benefits. There are also requirements for ongoing continuing education.
What Does It Mean to Help a Veteran with a Claim?
Anyone can talk about veterans benefits in general with any veteran and need not be accredited. However, VA interprets its prohibition on preparing, presenting and prosecuting a claim to mean that talking to a veteran, spouse or dependent after that person has indicated an intent to file a specific claim for benefits, requires accreditation. According to VA, the point at which discussion narrows down to specific information about the veteran’s service record, medical conditions, financial situation including income and assets and other issues relating to a claim specific to a veteran, spouse or dependent triggers accreditation requirement.
It does not matter whether physical help with filing the claim is provided or not. The need for accreditation occurs at a much earlier stage than becoming physically involved in the claim. For a better understanding of how VA General Counsel interprets the need for accreditation, please see the VA Office of General Counsel Website – Frequently Asked Questions about Accreditation at HYPERLINK “http://www.va.gov/ogc/accred_faqs.asp” http://www.va.gov/ogc/accred_faqs.asp.
Working under the Umbrella of an Accredited Person
Many individuals or organizations who are not accredited and who are promoting helping veterans to obtain their benefits are often attempting to work under someone who is accredited. These individuals think they are complying with the law because they make sure that the VA claim is completed an accredited attorney, agent or veterans service officer.
Unfortunately, most of these individuals who are operating with someone who is accredited are doing it wrong and not complying with the law. This is because the non-accredited individuals become involved in the claim by providing advice after an intent to file, such as by helping gather documents and other pertinent information. However, these activities require accreditation. The only way that these non-accredited individuals can operate legally to assist someone who is accredited is to immediately refer a veteran, spouse or dependent to an accredited person at the time of the first understanding of an intent to file a claim. No additional help or advice may be given after the intent to file has been recognized.
Many accredited attorneys are also not operating legally. Only an accredited attorney, one-on-one with the client, may be involved with a claim. No one else, inside or outside of the office, can assist with the claim except under very limited circumstances. Specifically, in order to work under an attorney, a person must be a certified paralegal, a law student or a legal intern under the direct supervision of the attorney. And the client must sign a consent allowing this arrangement which must be filed with the VA. No other arrangement is allowed.
Charging a Fee for Help with Filing a Claim
Generally, under Federal statute, no individual or organization may charge a fee for help with filing an initial claim for benefits. I have seen various financial arrangements for filing claims that are disguised fees in one way or another. There are attorneys who charge higher than normal rates for a will or other estate plan and throw in the VA claim at no charge or has the claim completed by an affiliated “non-profit” organization. There are annuity peddlers who sell high commission annuities and prepare the VA claim for “free”. There are outfits that are charging a fee but require that it be paid by someone other than the veteran.
It is reported that VA General Counsel treats all these financial arrangements similarly. As a general rule, anyone who would directly benefit financially from helping a veteran file a claim, whether a direct fee is charged or not, is in essence charging a fee. There is only one narrow exception to this “no fee” rule and there are a numerous requirements that are very specific. I am not aware that any of the schemes which charge a fee are doing it legally and meet all the requirements.
What to do
If you are working with someone who is not operating legally as outlined above, you should stop using that person’s services. Not only could unauthorized individuals get a notice to cease and desist but in some cases there could be fines or legal action involved as well. I know of one instance in which all the veterans claims filed by one annuity peddler for residents of a certain senior facility were all retroactively denied. It’s not worth it.
Be wary of outfits with names that sound like legitimate veterans organizations. Oftentimes these organizations were just recently set up to lure veterans to use their services. Work only with accredited individuals. For help with accreditation issues you can contact the National Care Planning Council at HYPERLINK “mailto:info@longtermcarelink.net” info@longtermcarelink.net.
For help with veterans claims, it is oftentimes best to start with your local county veterans office. In St. Clair County, it is the St. Clair County Department of Veterans Affairs in Port Huron at 810-989-6945. They can either assist you themselves or refer you to accredited Veterans Service Officers from legitimate veterans organizations, such as the VFW or DAV. Protect yourself and your veterans benefits.
By Matthew M. Wallace, CPA, JD
Published edited March 11, 2012 in The Times Herald newspapers, Port Huron, Michigan as: Be wary of ‘helpful’ VA offers Only accredited individuals can process benefit claims