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