Denis Querrard: GUARD Act protects veterans from claim sharks
THE GUARD VA Benefits Act is not misguided, it is necessary to protect veterans from claim sharks. New Hampshire Attorney General John Formella and 43 other state attorneys general agree the GUARD Act overwhelmingly helps veterans. In a recent op-ed, former Massachusetts Senator Scott Brown advocated for an opposing bill in Washington, D.C. called the PLUS Act, which would make it legal for unaccredited predatory consultants to charge veterans $10,000 to $15,000 to file VA disability claims.
These unaccredited consultants do not have the legal right to assist veterans with their VA disability claims. The law is clear on this. They also do not have the legal right to charge fees for these services. Only accredited attorneys and agents may charge certain fees for appeals, though these fees are capped, must be reported to VA, and are subject to oversight. Unaccredited consultants are currently not subject to any VA oversight and have no limit to the fees they charge veterans. Many of these consultants have received cease-and-desist orders from VA and some are even facing class-action lawsuits.
As a result, veterans have come to the VFW for help, complaining that they signed contracts in which an unaccredited consultant charged them as much as five times the increase of their future benefits. Not only does the VFW believe that no one should take away a veterans’ earned disability benefits, this “assignment of benefits” has serious legal implications.
The VFW approached New Hampshire Congressman Chris Pappas about those concerns when he was chair of the Committee on Veterans’ Affairs Subcommittee on Oversight and Investigations during the previous Congress. He took our concerns seriously and drafted the GUARD VA Benefits Act to reinstate penalties for unaccredited consultants who charge veterans unauthorized fees for help with their VA claims. Rep. Pappas agreed with the need to crack down on claims sharks and 147 representatives and 34 senators from both sides of the aisle agreed.
The problem of claims sharks has continued to increase since the passage of the PACT Act, the largest expansion of veteran benefits in decades. During the VFW’s 124-year history, we have seen this happen over and over again. Whenever there is an expansion of benefits, there is a rush for individuals and companies to profit on the backs of veterans.
When discussing the VA budget, it indeed has increased each year, and this has been necessary to provide health care and benefits to America’s veterans. After fighting for 20 years in two wars and other conflicts, where service members were often sent on multiple 12-month deployments into combat theaters, an increase in VA health care and benefits usage was completely predictable.
Fortunately, protecting veterans’ benefits from scams won’t break the bank. The GUARD VA Benefits Act is a cost-neutral bill offering necessary protections for veteran benefits.
Lastly, making a claim for VA disability benefits should not be compared to filing taxes. Americans must file and pay their taxes and have every right to pay a service to help them do so accurately. When Granite State veterans need help filing for a VA disability, there are countless accredited veteran service officers, in addition to state and county accredited representatives, who are trained and authorized to assist veterans, free of charge. If a veteran wants to pay someone to assist with an appeal, there are plenty of paid options that already exist, including accredited attorneys and agents who operate with authorized fee structures that are capped and subject to VA oversight.
Veterans don’t need unaccredited consultants who have no oversight of their quality, accuracy, or predatory practices. Veterans already have a choice, and the VFW believes their benefits should be protected. We disagree with Scott Brown that these unaccredited companies should be able to prey on veterans for monetary gain.