The Guard Act: Protecting Veterans from Exploitation

Key Takeaways

Non accredited representatives are legally prohibited from charging VA claim preparation fees.
Non-accredited reps charge unauthorized fees and exploit complex processes.
The GUARD Act reinstates criminal penalties for exploitative activities against veterans.
Accreditation authorizes and qualifies individuals to represent veterans.
Wettermark Keith handles VA denials on a contingency fee basis.
Wettermark Keith’s VA-accredited attorneys are prepared to support veterans.

Blog Sidebar Form

In a rush? Call us.

(877) 715-9300

"*" indicates required fields

The Guard Act: Protecting Veterans from Exploitation

Key Takeaways

Non accredited representatives are legally prohibited from charging VA claim preparation fees.
Non-accredited reps charge unauthorized fees and exploit complex processes.
The GUARD Act reinstates criminal penalties for exploitative activities against veterans.
Accreditation authorizes and qualifies individuals to represent veterans.
Wettermark Keith handles VA denials on a contingency fee basis.
Wettermark Keith’s VA-accredited attorneys are prepared to support veterans.

Our veterans’ dedication and commitment to serving our nation should not be forgotten or diminished. They’ve given up precious moments with their families, missed important milestones, and risked life and limb to defend our liberties. The physical and emotional scars our veterans carry serve as reminders of the price they paid to ensure our safety and security. Unfortunately, some companies exploit the trust and vulnerability of veterans by taking advantage of their need for the stability provided by VA benefits.

The rise of unaccredited claims agents - essentially, individuals and businesses operating outside the legal framework meant to protect veterans - has long been a significant problem. Their unauthorized, predatory practices have compelled the U.S. Senate Committee on Veterans’ Affairs to call for robust solutions, one of which is the pending Guard VA Benefits Act.

What is the GUARD Act and How Can It Protect Veterans?

The GUARD Act of 2023 aims to protect veterans filing benefits claims from being taken advantage of by non accredited representatives. These predatory organizations take advantage of veterans, charging unauthorized fees, engaging in fraudulent activities, and exploiting a complex claims process that can be challenging for veterans to navigate on their own. The proposed GUARD Act seeks to remedy this situation by reinstating criminal penalties for these exploitative activities. Violators could face a fine of up to $500, a term of imprisonment (not exceeding two years), or both.

Why is the GUARD Act Necessary?

The VA claims and appeals process can be challenging to navigate for many veterans. As a result, many choose to seek assistance when filing an initial claim or appealing an unfavorable decision. However, not all veterans’ advocates are created equal.

Under the current law, unaccredited individuals and businesses are prohibited from charging fees to assist veterans in the preparation or presentation of an initial claim for VA benefits. However, in the absence of criminal penalties for violators of this law, enforcement has been ineffectual - and far too many veterans have been exploited.

In one recent case, Glenn Janssen, a U.S. Army veteran living in Portugal, sought assistance from a private company to manage his VA disability benefits claim, as he was worried about navigating the bureaucratic process overseas. After skimming the contract, Janssen signed with the company, which then charged him an equivalent of five times any increase in his monthly VA compensation.

According to Janssen, the company did little to assist his case, using generic paragraphs to describe his injuries and failing to provide further assistance. Despite canceling his contract and independently navigating the claim process, Janssen received a bill for more than $2,800 for their supposed assistance. While the company later waived this claim, they still demanded $829.60 for the initial rating. Janssen has launched a lawsuit in response.

Over the past few years, many unaccredited companies have offered similar “help.” While they may say they are there to assist veterans, they have also publicly admitted to advancing their own financial interests. These representatives are also not accredited by the VA, lacking any legal qualifications to assist with the claims process. Enforcing the GUARD Act against non accredited institutions and individuals would provide a far greater level of protection to those whose sacrifice warrants the best possible support.

What is Accreditation and Why is it Important?

In order to represent a veteran before the Department of Veterans Affairs, an individual must apply for accreditation by the VA. This means that they are legally authorized by and deemed capable of assisting claimants in pursuit of benefits before the Department of Veterans Affairs, including at the Board of Veterans’ Appeals. For attorneys, the accreditation process also requires being licensed by a state bar to practice law. For agents, it requires a background check and passing an accreditation examination. VA-accredited representatives are limited to:

Attorneys

Accredited claims agents

Veteran service organizations (VSOs)

State or county government entities

AdobeStock_579636921

How to Report Suspicious or Illegal Representatives

It’s important to remember that legally, you cannot be charged any fees for assistance with your initial claim. If you suspect your representative is not accredited by the VA, there are several actions you can take. You can report the individual or company to the state bar for unauthorized practice of law, the Federal Trade Commission (FTC), and to VA.

Red Flags When Choosing a VA Disability Lawyer or Representative:

Unaccredited - if your representative is not accredited by the VA, this should raise an immediate red flag. The VA provides a search index of approved representatives who are legally allowed to assist veterans with their claims.

Upfront Charges - any representative demanding upfront payment before services are rendered should be approached with caution. If they are requesting payment to assist you with filing your claim, they are breaking the law. At Wettermark Keith, our attorneys appeal VA denials on a contingency fee basis, only requesting compensation if your appeal is successful.

Lack of Communication - if your representative is hard to reach or doesn't respond to your queries in a timely manner, this could indicate a lack of commitment to your case.

Guarantees Success - while experienced representatives can increase your chances of success, they cannot guarantee it. Any representative who promises guaranteed success in your claims process should be reconsidered.

Poor Reviews - multiple negative reviews, complaints, or disputes can be a warning sign of poor service or a scam.

Secrecy - your representative should be transparent about the process and willing to explain things clearly. If they are evasive or secretive about their methods, this is a terrible sign.

Generic Approach - every veteran's case is unique, so beware of representatives who seem to use a one-size-fits-all approach rather than tailoring their services to your specific needs.

Pressure Tactics - you should never feel pressured into making decisions or signing contracts without having time to review.

Lack of Experience - representatives should be knowledgeable about VA benefits and disability laws. If they seem unsure or uninformed about the process, consider finding someone with more experience. Our team is available 24/7 at 877-715-9300.

If Your VA Benefits Claim Has Been Denied, Contact Wettermark Keith Today

As a veteran, you should be able to focus on your well-being, not battling a complex claims process or unscrupulous companies. You deserve to access the full extent of your benefits without obstacles. If your claim has been denied, let us take the burden off your shoulders.

At Wettermark Keith, we believe in taking cases personally. Our purpose is to practice with care and compassion- to tell our clients’ stories and make their voices heard. We do this by building strong relationships based on constant communication and an unwavering dedication to truth and trust. You should never wonder what’s going on with your case. We will keep you in the loop and represent you as if you are family- because to us, you are.

With offices located throughout Alabama, Tennessee, and Florida, we have an excellent reputation as one of the most accomplished personal injury firms in the country. Our reach is not only regional but includes a diverse range of practice areas, including premises liability law, personal injury cases, auto wrecks, trucking wrecks, insurance dispute claims, nursing home abuse, medical malpractice, on-the-job injuries, social security disability, and veterans’ disability claims, to name just a few. Our VA-accredited attorneys have worked with countless veterans and are prepared to offer you the advocacy and support you deserve for your sacrifices.

Frequently Asked Questions

The GUARD Act of 2023 is a legislative proposal that seeks to protect veterans filing benefits claims from being exploited by non-accredited representatives. The act would reinstate criminal penalties for exploitative activities, including charging unauthorized fees and engaging in fraud.

If the GUARD Act passes, violators could face a fine of up to $500, a term of imprisonment not exceeding two years, or both.

Accreditation authorizes and qualifies an individual to represent a veteran before the Department of Veterans Affairs. This ensures that they have the legal and professional capability to assist claimants in pursuit of their benefits. Accreditation is important because it helps protect veterans from unqualified and potentially fraudulent representatives.

VA-accredited representatives can include attorneys, accredited claims agents, Veteran Service Organizations (VSOs), and state or county government entities.

The VA provides an index of approved representatives who are legally allowed to assist veterans with their claims. You can check a representative's accreditation status by visiting the official VA website at: https://www.va.gov/ogc/apps/accreditation/index.asp.

WK Object 2

YOU DON’T HAVE TO DO THIS ALONE

CONTACT VA DISABILITY LAWYERS

To learn more about our law firm, our services, how to access our veterans law resources, and more, contact us today.
You get a free consultation and we won’t charge you a dime until we’ve won your case.

This field is for validation purposes and should be left unchanged.