During a recent session of the West Virginia Senate Military Committee, significant concerns were raised regarding the practices of companies that assist veterans with disability claims. The meeting highlighted a troubling case involving a Vietnam War veteran from Logan County, who faced harassment from a claims assistance company after seeking help to increase his disability benefits.
The veteran, who had a 10 percent disability rating due to hearing issues and kidney problems, initially turned to a claims assistance company after seeing an advertisement online. However, he soon realized that he was not receiving the help he needed. Instead, he sought assistance from a local Veterans Service Officer (VSO), who helped him submit his claim to the Department of Veterans Affairs (VA) at no cost. This resulted in a significant increase in his disability rating to 70 percent, which also included recognition of his PTSD.
Despite this positive outcome, the veteran continued to face threats from the claims assistance company, prompting him to reach out to the State Bar's Veterans and Military Affairs Committee. The committee was able to connect him with a pro bono lawyer who successfully resolved the issue, eliminating the harassment from the company.
The discussion in the committee then turned to proposed legislation, specifically Bill 658, which critics argue would legitimize the practices of these claims assistance companies, often referred to as "claim sharks." Current federal regulations prohibit individuals from acting as agents or attorneys in presenting claims before the VA. However, companies like Veterans Guardians exploit a loophole by claiming they do not act as agents or attorneys, allowing them to operate in a gray area of the law.
The implications of this legislation are significant, as it could potentially open the door for more predatory practices targeting vulnerable veterans seeking assistance with their claims. The committee's discussions underscored the need for vigilance in protecting veterans from exploitation and ensuring they receive the support they deserve without the threat of harassment from unscrupulous companies.
As the committee continues to evaluate the proposed bill, the focus remains on safeguarding the rights and well-being of veterans in West Virginia, ensuring that they have access to legitimate and trustworthy resources for their claims.