Wounded Warrior Project Warns Veterans of Predatory Claims Assistance Practices
VA-Accredited Organizations Like Wounded Warrior Project Can Help Veterans File VA Claims for Free
“If it sounds too good to be true, it probably is.”
Navigating the complexities of applying for disability compensation, rating changes, or pensions can be challenging. But veterans should hold onto this key piece of advice, said Mike Stoddard, national service director for the Benefits Service program at Wounded Warrior Project® (WWP).
Some businesses take advantage of veterans by charging excessive fees for VA claims assistance, sometimes making unrealistic guarantees about improving disability ratings or securing compensation.
Veterans can file VA claims on their own behalf for free through VA, but they also have access to numerous veterans service organizations (VSOs) accredited by VA that can help them file claims free of charge.
While VSOs can’t guarantee a positive result, many, like WWP™, have the expertise and experience to help veterans collect the benefits they deserve in a manner that honors their service.
“The No. 1 one thing is a veteran should never feel like there's not somebody advocating on their behalf, and to walk them through this very complex process,” Stoddard said.
Why Accreditation Matters
The VA accreditation is a safeguard to ensure veterans receive quality and honest assistance when filing for VA benefits. One of the main deciding factors for accreditation is a good reputation, so an inability to get accredited may be a warning.
Some veterans may not realize that it’s illegal for an unaccredited company or agent to file a claim on their behalf. However, there are no penalties for violating this law, so there is little to deter bad actors from profiting off of it.
Since accredited agents and organizations also have specific rules and standards they have to follow, companies seeking large profits may purposely avoid seeking accreditation.
“The reason they don’t want to become accredited is because they’re going to be held accountable,” Stoddard said. “The interesting part is that it’s not hard to be accredited. You just have to be willing to do the right thing.”
There are accredited agents, like attorneys, who charge for services. However, they are beholden to VA’s rules on conduct, which limits the amount they can charge.
“It’s a choice if a veteran wants to pay for something. All I ask is that they go with an accredited representative,” Stoddard said.
Another thing veterans need to know is that if they sign a contract with an unaccredited for-profit, it can be hard to get out of. VA may intervene on the veteran’s behalf to invalidate the contract. According to VA, around 40% of all complaints filed with the agency were about unaccredited companies and agents.
“At the end of the day, what really matters is that every veteran has earned their benefits. It doesn’t make sense to pay for something you’ve earned,” Stoddard said.
Find out what WWP’s Benefits Service program can do for you.
The PACT Act and Predatory Claims Practices
In August 2022, the SFC Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act was signed into law. This legislation expanded eligibility for veterans exposed to toxic substances, allowing more veterans to qualify for VA benefits.
While the PACT Act was a significant legislative win for veterans nationwide, it also created opportunities for fraudulent and predatory practices targeting newly eligible veterans.
Since the law was enacted, more than 1 million claims related to the PACT Act have been approved by VA, which had a record-breaking number of claims applications for fiscal year 2023. Naturally, the increase in claims created an increase in backlog. As more veterans are filing claims and waiting longer, some may be tempted to turn to questionable services promising faster results.
New legislation is being introduced to penalize companies that charge “unauthorized” fees or file claims without accreditation.
VA has also set up a website and call center (833.388.7233) for veterans and their family members to report benefit scams and fraud.
Tips When Looking for Claims Assistance
1. Be wary of signing contracts.
Some predatory claims companies use confusing tactics or ambiguous language in contracts, purposely designed to mislead the veteran.
“The contract the veteran signs are long, confusing, sometimes illegal, documents that typically run over 10 pages long,” Stoddard said.
If asked to sign a contract, don’t sign it right away. Have someone independent of the company look at it. WWP’s Benefits Services team or other veterans service organizations can help you understand the contract without charging a fee.
2. Watch out for false promises.
No individual or company can fast-track a VA claim or get it to the “top of the pile.” VA claims are processed in order of when they are received, with few exceptions. Those exceptions can include terminal illnesses, advanced age (85 or older), or homelessness, but are never based on the veteran paying someone.
“No company on this planet can call VA and say, ‘Hey, today I need you to fast track these five claims.’ Nobody can do that,” Stoddard said. “It’s just not ethical.”
Also, promising approval or rate increases should be an automatic red flag. Stoddard said veterans need to be careful about claims that make guarantees or promises.
“Nobody can ever promise a rating,” Stoddard said. “If anybody says, ‘I promise you that we're going to get you a 30% increase,’ for example, or they promise we will get you to 100%, those promises are very unethical. WWP’s mission is to help get you the benefits you've earned in a manner that honors your service.”
3. Suggesting specific doctors.
Some unethical companies will refer veterans to a specific doctor, maybe one who isn’t in their area and who they can’t actually visit in-person. They may suggest using their medical professionals will help improve a medical claim or guarantee a certain diagnosis. However, veterans will still be required to take a compensation and pension (C&P) exam and submit a Disability Benefits Questionnaire (DBQ), which VA reviews closely.
Because VA is becoming more proactive in recognizing red flags on the DBQs, it may reject a claim outright or ask the veteran to refile their claim, causing more issues.
“The VA is getting better at understanding where those DBQs are coming from and if there’s something that stands out and doesn't seem accurate,” Stoddard said.
A reputable organization will inform the veteran about what type of medical evidence they need and what to expect from the C&P exam so that they can be prepared and provide a thorough and accurate claim.
4. High “consultant” fees or percentage of payments
Since unaccredited agents aren’t allowed to file a claim for a veteran, they may charge a high fee to “consult” with a veteran about their claim. Fees for this “service” could be included in a contract and may be excessively high. Some companies also request a percentage of the veteran’s benefits, which could be a large chunk of any backpay the veteran receives, years of paying a percentage of their monthly disability income, or both.
Unaccredited companies may charge extra fees if a disability rating is increased, regardless of who did the work for the increase.
“Typically, what might happen is that they won’t necessarily say they’re going to do a claim form, but they’re going to do an increase. But they make the warrior or veteran do all the work, and they’re just getting the money for nothing,” Stoddard said.
5. No accreditation with VA
This tip bears repeating. There’s likely a reason that an agent or company isn’t accredited with VA, and the reason is unlikely to benefit the veteran. Accredited organizations and companies are subject to rules that promote transparency and prevent overcharging.
VA provides a searchable database of accredited VSO representatives, attorneys, and agents to help veterans navigate the benefits process and avoid fraudulent tactics.
Stoddard warns warriors to be on the lookout for these practices and to make sure the assistance they receive is from a reputable source.
“Don’t pay for your benefits advocacy; come see an accredited agent,” Stoddard said. “It’s important that warriors know, sometimes what seems like the fastest path to getting something is really a barrier to getting you what you need and costs you money you don't need to spend.”
Veteran-First Approach
WWP is committed to supporting post-9/11 injured service members, veterans, and their families on every step of their journey. WWP warriors can get free assistance filing for VA benefits, appealing a claim, preparing for a C&P exam, and more.
But WWP’s services don’t just stop at benefits. The Benefits Services team can help connect warriors to other programs and resources.
“Predatory claim companies don't care about you,” Stoddard said. “They just want to get their money. They could care less about what's going on in your life. [What] I think is really important about Wounded Warrior Project and what makes us different is that we can provide other opportunities, too. We can start helping with a benefits claim but can also get [warriors] into mental health or physical health and wellness or connect them with our Alumni team or other programs.”
Regardless of where a veteran is in their journey, there’s no need to go at it alone.
“What we do is advocate for the veteran from start to finish. We care about the veteran coming to see us,” Stoddard said. “We meet veterans where they’re at and stay with them every step of the way.”
Find out more about WWP’s programs and services.
Contact: Paris Moulden, Public Relations, pmoulden@woundedwarriorproject.org, 904.570.7910
About Wounded Warrior Project
Since 2003, Wounded Warrior Project® (WWP) has been meeting the growing needs of warriors, their families, and caregivers — helping them achieve their highest ambition. Learn more about Wounded Warrior Project.