"GROW YOUR BUSINESS" CONFERENCE – INCLUDES CLE CREDIT*
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How to Legally Charge Fees for Representing Veterans – 30 Minutes

Presented by Thomas Day, Director of the Senior Veterans Service Alliance

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It is important to know that federal code pertaining to the charging of fees for assistance with veterans claims prior to a Notice of Disagreement (NOD) only applies to accredited representatives. 
 
Contrary to that which is published in the media and statements by congressmen and officials representing VA benefits, there is no federal law that prohibits non-accredited individuals from charging a fee for assistance with veterans claims.  On the other hand, assistance with claims cannot be provided unless that person who is providing the assistance
has "accreditation authority" from the Department of Veterans Affairs.. This then makes that person subject to the rules governing the charging of fees.
 
Technically, someone who is not accredited and who is involved in claims for veterans benefits but not actually “providing assistance” under the definition of assistance can legally charge fees.  Thus, individuals who provide medical opinions, who review medical records, who charge for legal advice, final years planning, financial planning or care services or who charge for providing DBQ’s or who do other paperwork necessary to support a claim where no assistance is provided are perfectly legal to charge fees for those services.
 
Assistance with a claim for veterans benefits is defined in Title 38 CFR §14.627 as the accreditation authority granted by VA to representatives, agents, and attorneys to assist "claimants" in the preparation, presentation, and prosecution of claims for VA benefits.  Preparation and presentation of claims not only applies to assisting with paperwork but also includes providing specific advice to a “claimant” for his or her particular claim.  VA defines a "claimant" as . . . “a person who has filed or has expressed to a
(accredited) representative, (accredited) agent, or (accredited) attorney an intention to file a written application for determination of entitlement to benefits provided under title 38, United States Code, and implementing directives.”
 
These definitions are important when considering the legal opportunities to charge fees to individuals who might be eligible for veterans disability benefits but who have not yet filed a Notice of Disagreement.  An NOD is the usual but not necessarily first opportunity at which fees may be charged according to the rules.  There are several exceptions in the rules.  In addition, if someone is not considered a “claimant” fees can be charged.  But there are also other ways to generate income from providing general education or specific development services with applications for VA disability benefits and avoiding specific advice.
 
Thomas Day will discuss the various legal options for charging fees prior to a Notice of Disagreement for both accredited representatives and individuals who are not accredited.
 

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National Care Planning Council
​Senior Veterans Service Alliance

PO Box 1118
Centerville, UT 84014
​800-989-8137
contact@longtermcarelink.net

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© COPYRIGHT 2018. ALL RIGHTS RESERVED.
*The format of this live training course, is generally acceptable for credit with most State Bars.  We will provide you instructions on how to apply for credit in your state if it is not pre-approved below.  The course is also pre-approved for State MCLE credits in the following states for the following hours:

California 6 Hours
Washington 7.25 Hours
Nevada 6 Hours
​Colorado 7 Hours
New Mexico 6 Hours
Utah 6 Hours
Idaho 6 Hours

Wyoming 6 Hours
Florida 7 Hours
Georgia  7 Hours


More states coming soon...
The course does not include any credits for ethics.

**This training course also meets the requirement for 3 hours of CLE for maintaining accreditation with the Department of Veterans Affairs as found in Title 38 CFR 14.629 (b).   This course will also meet the mandated  3 hours of first year CLE requirements as well as any ongoing 3 hours of CLE on veterans law and procedures required every two years (see 38 C.F.R. § 14.629). The information in this course and the detailed handbook that comes with the course are a result of knowledge derived from our participation in thousands of claims for veterans disability benefits.  If you wish to become accredited by the Department of Veterans Affairs, please contact us and we will provide you instructions on how to become so.  It takes several months to become accredited and if you wish to use this course to meet your first year requirement for VA Accreditation CLE, you must file your application at least 4 months before attending the conference.
  • AGENDA
  • LEARN
  • Presenters
  • DETAILS
  • Pricing & Register
  • HOTEL
  • EXHIBITORS
  • SIGHTSEE
  • SPONSORS
  • CONTACT