Understanding the Legal Restrictions
Only three types of individuals are allowed by VA to represent veterans in the preparation, presentation and prosecution of claims for benefits. These are:
- accredited representatives of service organizations,
- recognized attorneys and
- accredited agents
VA currently recognizes only about 59 accredited agents worldwide (there are, however, approximately 3,000 accredited veteran service organization officers). Not just anyone can become an "agent" for claims representation.
Attorneys can be recognized to represent veterans by filing an appropriate VA power of attorney and, in certain cases,meeting a requirement for filing a fee agreement with the Board of Veterans Appeals in Washington, DC.
If you are not one of these three recognized individuals you cannot become involved in the process of filing more than one claim. You are allowed to help a veteran one time with one claim and that is it. You can't be involved in the claims process again for any veteran unless VA General Counsel approves it. In addition, the ability to charge fees for providing guidance about submitting a claim is limited.
Anyone helping a veteran or the veteran’s family understand how to obtain certain benefits from the Department of Veterans Affairs walks a very fine line. It is difficult to define when a practitioner has crossed the line in charging fees or becoming involved in the claims process.
The Operations Manual in the Veterans Benefits Consultants Package from the National Care Planning Council goes into great detail to give our view of how we believe an individual practitioner can be involved in providing information on veterans benefits and charging fees and at what point that individual might run afoul of the law. In our manual, we devote 78 pages to this issue, which includes a discussion and our interpretation of statutes and regulations pertaining to representation in the filing of claims. We also include in these pages, copies of statutes, regulations and pertinent letters from VA that pertain to representation.
Many attorneys are aware of Section 101 of Public Law 109-461 that came into effect in June of 2007 and provided amendments to provisions of 38 USC Chapter 59. These changes deal primarily with the charging of fees and at what point in the application process an attorney can charge fees. We discuss these changes in our operations manual as well.
Assisted living or home care providers are sometimes approached by companies that claim they can get the pension benefit for a client or resident in return for a fee. Companies who charge a fee for obtaining the benefit think they are operating under the third-party exemption in 38 CFR Sec. 20.609. In most cases they are in violation of federal law.
We discuss in our Operations Manual the provisions of the third-party exemption that these companies think they are operating under. Many of these groups will use an attorney paid by a nonprofit corporation that appears to be an entity supporting veterans issues. VA is already "wise" to the organization of nonprofit corporations used as "fronts" in applying this exemption and we offer an actual case to illustrate how VA will prosecute these arrangements.
The Operations Manual that comes with the consultants package provides a number of strategies that allow assisted living and home care providers to legally help veterans receive their benefits to pay for care services.
Another new book in our package, "Aid and Attendance Handbook for Professionals and Consultants," contains interpretation and strategies for filing claims and charging fees.
To find out more about the National Care Planning Council's Veterans Benefits Consultants Package please click here or call us at 801.647.2217.
Purchase the Package Join the Council
Be Careful How You Operate Your Service
None of us can know whether there will be any future problems from VA with providing information to help people get their benefits. Currently, if a complaint is filed, VA will stop any unauthorized person who provides assistance that results in the unauthorized filing of a claim. Quite frankly, we are not sure how rules might change or perceptions might alter that could affect the way you conduct your consulting service.
Therefore, you need to understand that you embark on providing consulting services at your own risk. We can take no responsibility for what might happen. To help you, we will give you as much information as we currently have about the statutes pertaining to helping veterans with their benefits.
On the other hand you should not take our pessimism as an indicator that you should avoid offering information to deserving veterans. We believe you will likely have few problems if you work in concert with VA, with state veterans departments or with local VSOs to help veterans understand their benefits and how to receive them.
If you are not an attorney, you should not become involved in the claims process in any way and you should either encourage the veteran or a family member with the proper power of attorney to take care of collecting information, obtaining appropriate documentation and filling out the form or refer to that person to an appropriate veterans service organization.
If you can complement and support the agencies and organizations that help veterans, they will more likely appreciate your efforts rather than resent them. If you appear in any way that you are taking advantage of veterans or charging fees for preparation of documents -- whether directly or indirectly -- then you will eventually be shut down.
Also you have to be very careful that you do not appear to be displacing the government agencies or the service organizations in their efforts to serve veterans. If you flaunt your expertise and deliberately criticize VA, state veterans organizations and VSO’s as incompetent or uncaring you are only feeding a growing resentment that could result in a severe backlash from these organizations.
It is imperative not to appear to be a threat to these organizations but to be supportive of what they do. Think of your practice as being a referral service to these organizations and have them view you in the same manner and you should have little problems.
VA is also very sensitive about individual practitioners or companies making it appear that they are government-sponsored organizations. You should always provide disclaimers about your service to avoid the wrong perception.
What is a Veterans Benefits Consultant & when should a family use a veterans benefits consultant.
Who is eligible for the Veterans Aid & Attendance pension benefit?
Using aid & attendance to pay any person for care at home, for professional home care, for assisted living, or to pay for a nursing home.
The application process for aid and attendance Pension.
Why are less than 5% of all veterans & their surviving spouses receiving a benefit?
The National Care Planning Council, we promote and support planning for long term care.
An individual acting as a consultant must be careful not to violate any federal statutes and VA regulations pertaining to representation of veteran claimants. At the NCPC, we recognize our responsibility to assist you regarding these matters & have ensured that this package offers extensive guidance on what we believe constitutes a compliant veterans benefits consulting practice. Integrity & honesty are at the heart of our business. We expect those who purchase this package to maintain high ethical standards in all areas of their consulting practices. Furthermore, we would like to express our gratitude and support for those who display stewardship, compassion, care, & integrity while working with seniors & thier families.
