The landscape for veterans seeking assistance with their disability claims is changing rapidly, with new laws and proposals aiming to strike a balance between safeguarding veterans and ensuring they have access to quality representation. The House Veterans Affairs Subcommittee on Disability Assistance and Memorial Affairs held a legislative oversight hearing on Wednesday, March 5, 2025, highlighting the critical issues veterans face while hoping to gain VA’s and several Veteran Service Organization’s (VSO) perspectives on legislative initiatives.
At the heart of the debate are three major legislative efforts: the GUARD Act (H.R. 1732), the PLUS Act (H.R. 1656), and a discussion draft proposing changes to existing law that would allow for certain fee agreements for services rendered in the preparation, presentation, and prosecution of initial claims and supplemental claims for benefits. Critically, the GUARD Act focuses on cracking down on unaccredited representatives who defraud veterans seeking benefits, reinstating criminal penalties and clarifying that federal law preempts conflicting state laws. While several of the VSO’s who testified during this oversight hearing emphasized the need to protect veterans from predatory actors operating without proper accreditation or oversight, VA and its representatives were noticeably absent and failed to provide any positions on the proposed legislation.
Ultimately, any reform must prioritize veterans’ interests by maintaining a strong accreditation system, ensuring ethical practices, and protecting against predatory consulting firms that currently exploit loopholes in our laws. These so-called “benefits sharks” often charge illegal or excessive fees while providing substandard or misleading advice, preying on veterans who are unfamiliar with the claims process. Their actions not only delay rightful benefits but also erode trust in the entire VA system, leaving many veterans worse off than when they began. What’s clear is that Congress needs to move the line in existing law to allow accredited representatives to assist veterans earlier in the claims process, without creating unnecessary complexity or burdening veterans with additional fees. As Congress debates these measures, our firm will remain a crucial voice in reminding policymakers that veterans deserve competent, ethical representation, and that their earned benefits should never come at the cost of fairness or trust.