Veterans are being exploited by VA coaches who lack accreditation and the qualifications to properly handle VA disability claims.
Summary
- Veterans seeking VA benefits are being taken advantage of by unaccredited coaches who charge high fees and offer subpar guidance.
- To legally assist veterans with their claims, individuals must be accredited by the VA. This involves passing a background check and written exam to ensure competency.
- Veterans risk receiving inaccurate advice, denied claims, and financial strain when working with unaccredited coaches, highlighting the importance of seeking help from accredited professionals.
- VA-accredited attorneys adhere to strict ethical guidelines, provide expert knowledge, and represent veterans in appeals
- Hiring a VA-accredited veterans disability benefits lawyer significantly improves the chances of successful claims and appeals.
As more veterans turn to the VA for essential benefits and support, a disturbing trend has surfaced: unaccredited VA coaches are exploiting their need for guidance. These self-proclaimed experts often lack proper credentials and operate without oversight, promising to help you navigate the VA benefits system in exchange for hefty fees.
Some veterans find themselves financially exploited and emotionally distressed after trusting these individuals with their future well-being when the promised outcomes fail to materialize. However, there are better and more qualified alternatives to unaccredited VA coaches.
The VA offers accreditation to individuals who wish to help veterans file their disability claims. This accreditation requires a background check and passing a written exam to ensure the person is competent in navigating the claims system and can represent veterans during appeals.
Veterans who are looking for support appealing a VA decision should consider the risks of working with unaccredited coaches and the benefits of working with VA-accredited disability claims lawyers like Bartlett Legal Group. Call us at (850) 332-6434 or submit this contact form to schedule a free consultation.
VA Accreditation Requirements
Federal law stipulates that anyone wishing to help veterans with their claims or appeals must obtain authorization from the U.S. Department of Veterans Affairs (VA). This authorization is what is commonly known as accreditation. The accreditation process is akin to obtaining a professional license required for providing legal advice, operating healthcare facilities, or selling insurance.
Without this federally-required VA accreditation, an individual is limited to assisting with only one claim in their lifetime. To assist with additional claims, they must become accredited. However, there is one exception to this rule.
Interns, paralegals, or law students working within a VA-accredited attorney’s law firm can help file a veteran’s claim, provided they are under the direct supervision of the accredited attorney. However, the veteran must sign a consent form allowing this arrangement, and the consent form must be submitted with the claim application.
No other exceptions are allowed. For instance, other unaccredited individuals, such as unaccredited VA coaches, cannot legally provide advice or assistance under the supervision of an accredited attorney or agent outside of a formal law firm setting. The VA-accredited attorney must interact directly with the veteran to comply with federal regulations.
Defining Assistance with a Veterans Benefit Claim
The VA Office of General Counsel is responsible for granting accreditation and ensuring compliance. It is important to clarify that accreditation is not needed for simply educating veterans about types of compensation benefits. That notwithstanding, there is a common misconception that accreditation is only required when submitting a claim or appeal application.
However, this is not true. Accreditation is needed earlier in the process. The Office of General Counsel states accreditation becomes necessary when an individual starts advising a veteran on their specific claim.
Assisting with a VA disability claim can involve several activities, such as:
- Helping the veteran collect the necessary documents and evidence for their claim
- Guiding a veteran on how to file their specific claim
- Reviewing the required documents and evidence with the veteran
- Assisting the veteran in adjusting their assets to meet claim qualifications
- Assisting the veteran in adjusting their income to qualify for a claim
- Helping the veteran manage medical costs to qualify for a claim
Who Can Legally Assist With Veterans Disability Claims?
There has been significant discussion regarding who is authorized to help veterans or their families with VA benefit claims. Many individuals and companies operate outside the law by either illegally assisting with VA benefits claims or charging unauthorized fees for their services.
The law clearly outlines who is legally permitted to assist with filing a claim for veterans benefits. These persons are:
- VA-accredited attorneys
- VA-accredited agents
- Veterans Service Organization (VSO) representatives
- VA Regional Office representatives
- Private individuals are granted one-time permission to assist a single claimant
Only these specified persons are legally allowed to provide assistance to veterans when making disability benefit claims and pursuing veteran disability appeals.
The Rules for Charging a Fee
Federal law prohibits accredited VA agents and attorneys from charging fees for assisting with veterans’ claims for service-related physical or mental conditions. However, accredited agents and lawyers can charge a fee once a notice of disagreement has been filed, with the maximum fee amount set by law.
This restriction applies to VA accredited lawyers and agents. Non-accredited individuals are entirely prohibited from assisting veterans with any part of the claims process, so they cannot charge fees since they are not allowed to provide such assistance.
It is also worth noting that the prohibition on charging fees does not include legitimate charges for services unrelated to the actual filing of a claim. For instance, many accredited VA lawyers may charge for pre-filing consultations that address legal issues relevant to veteran households.
In some cases, an accredited agent or lawyer may receive reimbursement from a third-party entity for their assistance. The VA permits this under certain conditions:
- the third party must not financially benefit from the claim’s outcome, and
- the accredited individual must certify that the third party gains no financial advantage from the claimant.
This written certification, along with a copy of the fee agreement, must be submitted to the Office of General Counsel within 30 days of the application being made.
Compliance Obligations of VA Accredited Persons
The Office of General Counsel has repeatedly emphasized that using accreditation to promote one’s business will result in losing accreditation. The VA strictly prohibits accredited agents from combining business solicitation with claim assistance.
It is also improper for accredited persons to make payment for their business services dependent on providing claim assistance. Veterans and their surviving spouses must understand that aid with VA disability claims is always offered at no cost.
In some cases, unscrupulous agents not only tie their assistance to the use of their business services but also charge exorbitant fees for these services. It is not uncommon to hear of fees ranging from $10,000 to $20,000 for just a few hours of work. Applicants often pay these high fees because they are led to believe the application process is extremely complex and that they need the ‘expertise’ of those exploiting them.
The Problem with Unaccredited VA Coaches
Unaccredited coaches pose significant challenges within the veterans’ benefits landscape. Their lack of proper certification and training often leads to detrimental outcomes for veterans seeking disability claims and appeals.
Lack of Certification and Training
Unaccredited VA coaches lack the rigorous certification and specialized training that accredited individuals receive. This deficiency means they are not well-versed in the complexities of veterans’ benefit claims, leading to inaccurate guidance and potential claim denials.
Without formal training, these coaches may unintentionally provide incorrect or incomplete information, putting veterans at a disadvantage.
Potential Risks and Consequences for Veterans
The involvement of unaccredited coaches can have severe consequences for veterans. Misguided advice can result in delayed benefits, inaccurate VA disability ratings, denied claims, or even financial strain due to unnecessary expenses.
Veterans may also face legal repercussions if an unaccredited coach engages in unauthorized practices. These risks highlight the importance of relying on accredited professionals who are knowledgeable and compliant with VA regulations.
Examples of Malpractice and Exploitation by Unaccredited VA Coaches
Instances of malpractice and exploitation by unaccredited coaches are not uncommon. There have been reports of VA coaches charging veterans exorbitant fees for services that should be provided for free.
In some cases, veterans are misled into believing they need the unique expertise of these unaccredited individuals. However, they often find themselves out of pocket with little to no progress on their claims. Such exploitation not only drains veterans financially but also erodes their trust in the support systems designed to help them.
By understanding the dangers posed by unaccredited coaches, veterans can make informed decisions. Additionally, they can seek assistance from accredited professionals such as VA-accredited disability claims attorneys at Bartlett Legal Group who are equipped to provide reliable support.
The Benefits of Working With VA-Accredited Attorneys
Seeking assistance from VA-accredited attorneys instead of unaccredited VA coaches offers numerous advantages for veterans navigating the VA claims and appeals processes. These professionals are specifically trained to handle veterans’ mental and physical condition disability claims, ensuring a higher standard of service.
Working with accredited attorneys can significantly enhance the likelihood of a successful claim or appeal.
- Expert Knowledge: VA-accredited attorneys possess extensive knowledge of veterans’ law and VA regulations. Therefore, they are able to handle claims accurately and efficiently.
- Specialized Training: These attorneys undergo rigorous training and certification processes, equipping them with the skills needed to navigate the intricate details of veterans’ benefit claims.
- Representation in Appeals: Accredited attorneys can represent veterans in appeals before the Board of Veterans’ Appeals (BVA). Their presence provides professional advocacy to improve the chances of a favorable outcome.
- Ethical Standards: VA-accredited attorneys adhere to strict ethical guidelines, offering veterans peace of mind that their cases are being handled with integrity and professionalism.
- No Upfront Fees: VA-accredited attorneys will not charge a fee for helping veterans prepare and file their first disability benefits claim. They will only charge you when making an appeal after the VA’s notice of decision.
- Comprehensive Case Management: These attorneys manage all aspects of the claims process. This includes gathering evidence, filing paperwork, and communicating with the VA, thereby reducing the burden on veterans and their families.
By leveraging the expertise and ethical standards of VA-accredited attorneys, veterans can navigate the claims process more effectively and increase their chances of receiving the benefits they deserve.
Talk to VA-Accredited Attorneys at Bartlett Legal Group Today
Bartlett Legal Group is committed to assisting veterans with their benefit claims and appeals. Our team of VA-accredited lawyers provides the highest standard of service to our clients. We also have the expertise needed to navigate the complexities of veterans’ law, unlike many unaccredited VA coaches.
Whether you need help filing a claim or appealing a decision, our experienced veteran benefits attorneys will support you. Take action now to secure the benefits you deserve. Call us at (850) 332-6434 or submit this contact form to schedule a free consultation with a VA-accredited attorney from Bartlett Legal Group.
