Pappas, Luria, Mann, Nehls Lead Bipartisan Call on VA to Better Protect Veterans from Predatory Claim Sharks

Congressman Chris Pappas (NH-01), Chair of the Oversight and Investigations Subcommittee of the House Committee on Veterans’ Affairs (HVAC), sent a bipartisan letter alongside Congresswoman Elaine Luria (VA-02), Chair of the Disability Assistance and Memorial Affairs Subcommittee, Congressman Tracey Mann (KS-01), Ranking Member of the Oversight and Investigations Subcommittee, and Congressman Troy Nehls (TX-22), Ranking Member of the Disability Assistance and Memorial Affairs Subcommittee, to the U.S. Department of Veterans Affairs Secretary Denis McDonough recommending best practices to strengthen VA’s Accreditation, Discipline, and Fees Program and to better protect veterans seeking assistance with attaining their benefits.

Veterans often need assistance filing claims for Department of Veterans Affairs (VA) disability compensation benefits as this can be a long and complex process. The VA Office of General Counsel (OGC) runs an Accreditation, Discipline, & Fees Program to ensure individuals and organizations who provide this assistance are of good moral character and have a basic understanding of the claims process. The accreditation program provides some degree of oversight and vetting of the people who assist veterans with their benefit claims and monitoring that service fees are reasonable. 

In the letter, the lawmakers outlined recommendations for how VA can better administer its accreditation test and Continuing Legal Education (CLE) requirements for accredited agents and attorneys, manage its list of accredited representatives, review fee agreements, and handle incoming complaints. In addition, they requested that VA identify current actions being taken in the areas of concern and define the terms “preparation”, “presentation” and “prosecution” as they pertain to claims assistance.

“I firmly believe that veterans should have a simple, safe way to access the benefits they have earned. We have seen a rise in bad actors attempting to profit by engaging in unethical practices targeting veterans and charging them exorbitant fees in the process,” said Congressman Pappas. “It is vital to ensure veterans’ safety in accessing their benefits by strengthening VA oversight of these programs and properly managing these lists.”

“Ensuring that our veterans and military families are not taken advantage of by bad actors remains one of my top priorities,” said Congresswoman Luria. “I was proud to join this bipartisan letter to recommend best practices that will instill confidence in the VA’s veteran programs and ensure our veterans receive the benefits they deserve.”

“As a veteran, I know first-hand how confusing and inconvenient the Veterans Affairs claims process is. As Congressman for the 22nd District of Texas, I constantly receive requests from my veteran constituents for assistance with their V.A. claim,” said Congressman Nehls. “My priority is ensuring veterans have choice and transparency over their representation and are protected against financial exploitation from bad actors.”

Veterans who require assistance with their VA benefit claims are encouraged to utilize VA’s online Accreditation Search tool to find an accredited agent, attorney, or VSO representative in their area: https://www.va.gov/ogc/apps/accreditation/index.asp.

Read more in the letter here or below.

Dear Mr. Secretary:

The last several years have seen a significant increase in benefit opportunities for our nation’s veterans. From the extension of Agent Orange-related disability benefits via passage of the Blue Water Navy Vietnam Veterans Act, to an even larger expansion of toxic exposure-related assistance provided by the Honoring our PACT Act, the demand for support from the Department of Veterans Affairs (VA) is set to rise. However, with this exciting increase in VA services, some bad actors are already positioning themselves to untowardly profit off the warranted benefits of those who served.

In order to better prevent such conduct, we write today to recommend potential best practices for strengthening VA’s Accreditation, Discipline, and Fees Program. The following are recommendations to reinforce VA oversight and better protect veterans as they seek to attain benefits:

Better Administer Accreditation Test/Continuing Legal Education (CLE)

• Frequently review content to ensure accreditation test and CLE courses strongly cover all relevant facts, practices, procedures, regulations, and statutes to be confronted by accredited claims agents and/or attorneys and periodically confirm that such representatives are meeting CLE requirements.

Better Manage Accreditation List

• Mandate an annual update of VA’s accredited representative list to ensure accuracy, reduce confusion, and provide for veteran safety by removing outdated, duplicative, and/or bad actor information.
• Pro-actively publicize accreditation list in easy-to-find locations within all relevant VA electronic and direct mail communications.

Better Review Fee Agreements

• Proactively review fee agreements to garner better insight into payment practices.

Better Handle Incoming Complaints

• Increase staffing to review and address complaints, and/or to refer to the proper authorities. 
• Increase cooperation with the VA Office of Inspector General, the Department of Justice, and the Federal Trade Commission to strengthen a whole-of-government approach to the prevention of accredited and/or non-accredited predatory behavior towards veterans.

In addition to the stated recommendations above, we respectfully request that VA identify and describe all actions currently being taken within these areas of concern. Further, please provide the Department’s definitive definitions of “preparation”, “presentation” and “prosecution” – as the terms pertain to claims assistance – including any plans to define such terms in regulation by Friday, December 9, 2022.

As always, thank you for administrating our nation’s assistance to those who shall have borne the battle. With Congress and VA working together and underlining our commitment to vigilantly monitor the claims assistance environment, we will continue enhancing the veteran experience – a mission we all devotedly accept. 

Should you have additional questions, please contact Gary Woodward, Majority Staff Director for the Subcommittee on Disability Assistance and Memorial Affairs, at Gary.Woodward@mail.house.gov and Katherine Smith, Minority Staff Director for the Subcommittee on Disability Assistance and Memorial Affairs, at Katherine.Smith@mail.house.gov.

Sincerely,