![]() VSO representatives may never charge a fee for their assistance on your VA benefits claim. Only VA-accredited attorneys and claims agents may charge you a fee to represent you, and only after VA has issued its initial decision on your claim. Moreover, if a VA-accredited attorney or claims agent charges you a fee merely for assisting in filling out a VA form or for preparing an initial claim for VA benefits, you can file a complaint with OGC and they could lose their VA accreditation. If you believe the fee charged by your VA-accredited attorney or claims agent was unreasonable, VA provides a process for you to file a motion with VA’s Office of General Counsel (OGC) for review of the fee. The VA accreditation process is designed to provide you with certain protections ensuring you receive competent assistance throughout the VA claim process and are not charged excessive fees. VA accredits representatives of Veterans Service Organizations (VSOs), attorneys, and claims agents to help VA claimants pursue their benefits claims before VA. ![]() Anyone who prepares benefits claim without proper authorization to do so is breaking the law. You have the right to select your own representation in pursuing your benefits claim with VA so long as the organization or individual that you select has been authorized to practice before VA. Although private litigation is not subject to the VA accreditation process (attorneys are subject to the rules governing attorneys in their respective states and courts), any attorney seeking benefits on behalf of a veteran directly from the VA under the CLJA must still be accredited by the VA. ![]() There have also been advertisements and commercials aimed at Veterans who were stationed at Camp Lejeune seeking to represent them in litigation related to section 804 of the PACT Act, which is referred to as the Camp Lejeune Justice Act (CLJA). We have heard reports that unscrupulous actors have misled some veterans into paying hundreds of thousands of dollars in illegal fees. But unauthorized assistance in claim preparation is illegal: only VA-accredited representatives are permitted to assist Veterans with their benefits claims, and VA-accredited representatives are not permitted to charge a fee for their assistance on a Veteran’s initial benefits claim. Unfortunately, there has been an influx of predatory advertisements, which purport to help Veterans-often through the guise of “medical consulting” or “benefits coaching”-submit their initial claims to the Department of Veterans Affairs (VA) for a fee. The PACT Act added over 20 medical conditions which will now be presumed to be connected to military service dating back to the Vietnam Era, Gulf War, and Post 9/11. ![]() BackgroundĬongress recently passed the Honoring our Promise to Address Comprehensive Toxics Act of 2022, (PACT Act ), to extend VA health care and expand benefits eligibility to Veterans who were exposed to burn pits and other toxic substances during their military service. This blog post was written in partnership with the Department of Veterans Affairs and can be found on their website as well, link.
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