Veterans who may become eligible for disability benefits from the VA may get targeted by various scams designed to defraud veterans of money or VA benefits. One common scam targeting disabled veterans includes “claim sharks” – individuals and companies that claim to advise and assist veterans with filing VA disability claims. These parties exploit the complexity and time-consuming nature of the VA claims process, promising to help veterans obtain benefits or guarantee that working with them will ensure the approval of a veteran’s claim. However, these advisors may have little to no experience with the VA system. More importantly, “claim sharks” do not have accreditation from the VA to advise veterans in disability claims.
What Are “Claim Sharks”?
A “claim shark” usually refers to an individual or business that purports to help veterans with the VA disability claims process. Claim sharks frequently charge high fees for their services, even though they do not hold accreditation from the VA to represent veterans in disability claims. These scammers deprive veterans of their money through high upfront fees, misleading advertising, and false promises of guaranteed benefits by working with these companies. However, because claim sharks cannot represent veterans in disability claims, they can only advise veterans on how to handle their claims themselves. Furthermore, many claim sharks may offer bad advice due to their inexperience with the VA disability claims process. Individuals and companies that operate as VA disability claim sharks may violate VA regulations and federal law by purporting to work with veterans without accreditation and charging upfront fees.
Why Accreditation Matters
The VA’s accreditation system ensures that only qualified attorneys, agents, or representatives of Veterans Service Organizations can lawfully assist veterans with their VA disability claims. VA accreditation ensures that veterans’ advisors possess the necessary education, training, or experience to guide veterans through the disability claims process and act ethically. The accreditation system also holds advisors accountable when they violate VA regulations or federal law.
An accredited VA claims representative may not charge a veteran to assist them with an initial claim. Accredited representatives can charge fees to represent veterans in VA appeals; however, VA regulations strictly control the fees that representatives may charge for appeals, giving the agency the authority to approve or reject fee awards in various circumstances.
A veteran can verify an advisor’s accreditation status through the VA’s Office of General Counsel’s website.
Risks of Using Unauthorized Advisors
Some of the risks that veterans may face when relying on unaccredited advisors to help with VA disability claims include:
- Financial exploitation through excessive or illegal fees (e.g., upfront fees or fees charged for initial claims)
- Errors on application forms
- Inadvertently fraudulent statements in applications based on unaccredited advisors’ advice
- Potential exposure of sensitive personal/medical data
Relying on an unaccredited advisor to help with a VA disability claim can delay or potentially jeopardize your claim due to errors or fraudulent information you include in an application due to an unaccredited advisor’s incorrect advice.
How to Protect Yourself
You can protect yourself from the scams of VA claim sharks by following best practices such as:
- Refusing to work with advisors who demand upfront fees or who charge fees for initial claims
- Watching out for “too good to be true” promises (i.e., an advisor provides a 100 percent guarantee of a successful disability claim)
- Confirming the accreditation of any advisor you choose to work with by checking the VA’s website
Contact a VA Disability Attorney Today
When you appeal a denial of an initial VA disability benefits claim, working with an accredited VA disability lawyer can protect your rights and interests. Contact Veteran’s Legal Center today for a free, no-obligation consultation with our legal team to learn how our firm can assist you with pursuing the disability benefits you need.