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Protecting Veterans from Unauthorized Coaches Exploiting VA Benefits

Retired and disabled U.S. Marine Veteran stands from his wheelchair to salute

Retired and disabled U.S. Marine Veteran stands from his wheelchair to salute (Photo: Lance Cpl. Jacqueline Clifford)

 

With the growing number of Veterans seeking PACT Act or other VA benefits, there has been an unfortunate rise of scams targeting Veterans. Individuals, posing as “coaches” or “consultants,” are exploiting some Veterans’ frustration navigating the VA system. These unauthorized coaches claim to assist Veterans with their benefits claims but lack the necessary accreditation to practice before the VA.

Veterans’ rights

When pursuing VA benefits, Veterans have the right to choose their own representation. However, it is crucial to ensure that the chosen individual or organization is authorized by the VA, which accredits representatives from Veterans service organizations (VSOs), attorneys, and claims agents. Accredited representatives like those from The American Legion can provide competent assistance throughout the claim process while adhering to regulations.

Veterans should never be charged excessive fees or coerced into signing contracts that promise a percentage of their benefits.

Identifying Scammers

Unfortunately, unaccredited individuals and organizations aggressively target Veterans and attempt to charge illegal fees. They often claim exemption from laws governing practice before the VA by calling themselves “coaches” or “consultants.” These scammers may even resort to sending illegal bills to third-party debt collectors if the Veteran refuses to pay.

To protect themselves, Veterans must be vigilant.

Tools and Resources to Protect Veterans

To safeguard themselves from scams and ensure fair treatment, Veterans can utilize the following tools and resources:

Protection from excessive fees

Following the initial decision on a claim, only VA-accredited lawyers and claims agents are allowed to charge fees for representation. VSO representatives, on the other hand, provide assistance free of charge. If a Veteran believes that the fee charged by their VA-accredited attorney or claims agent is unreasonable, they can file a motion with VA’s Office of General Counsel (OGC) for fee review.

Seek VA-Accredited Representation

Veterans should verify the accreditation of attorneys, claims agents, or VSO representatives before appointing them to handle their VA benefits claims. The VA’s Office of General Counsel maintains a list of accredited individuals that can be searched by name, state, or zip code.

VA Form 21-22 or 21-22A

Veterans should ensure that an official VA Form 21-22 or 21-22A, appointing their representative, is on file with the VA. Without this form, representation is unauthorized. A one-time exception allows non-accredited individuals to provide representation free of charge for a single benefit claim, provided a VA Form 21-22a is filed.

Reporting Fraud and Scams

Veterans can report any misrepresentation or fraudulent activities to their state’s attorney disciplinary commission, state Attorney General, VA’s Office of Inspector General (OIG) hotline, VA’s Accreditation, Discipline, and Fees program, the Federal Trade Commission (FTC), or the Consumer Financial Protection Bureau (CFPB) for debt collection issues.

Safeguarding VA Benefits from Unauthorized Coaches

To combat scams targeting Veterans seeking VA benefits, it is important for Veterans to have knowledge of their rights, be able to recognize warning signs, and take advantage of the tools and resources at their disposal. This empowers Veterans to protect their VA benefits and effectively counter the efforts of unauthorized coaches and consultants who seek to take advantage of them.

Veterans can reach out to The American Legion for free help navigating their benefits.

Author: Rikki Almanza

Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted connection to the military, a spouse who is a Navy veteran, a father who served in the Air Force for 25 years, and a grandfather who proudly served, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.

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