Working with a financial advisor, who is “advising” on preparing the VA application, and how to obtain VA Benefits, if NOT ACCREDITATED is against the law.
I received a number of inquiries about SeniorLCP.com Newsletter and Blog Re: Are you filing for VA Benefits? Is your Advisor Accredited with the VA?
The questions from Home Care Agencies, Assisted Living Facilities’ and individuals, are basically, we are working with a financial advisor, who is “advising us” on preparing the VA application, and how to obtain VA Benefits, particularly Aid and Attendance, after reviewing "Are you filing for VA Benefits? Is your Advisor Accredited with the VA?"
You state that is against the law? YES. IT IS AGAINST THE LAW !!!!!!!!
Any private individual may assist with completing the forms; however, this individual is allowed to assist ONLY one person, this is typically, spouse or family member. Unless an individual or organization is accredited with the VA, they cannot complete, assist, or consult on any VA application. Go here to check Accreditation
If accredited, they cannot make their service contingent on any fee or purchase of a service or product (Purchasing an annuity)
This non payment of fees, also applies to Assisted Living Facilities and Home Care Agencies – an organization with a financial interest in the successful outcome of a claim is not a disinterested third party and, as a result, may not pay an agent for representing certain claimants. An Assisted Living Facility or Home Care Agency that will receive payments form its services from prospective or current residents or clients out of the resident’s or client’s VA benefits does not qualify as a disinterested third party under VA’s regulations. 38 CFR 14.636(d)(2)
Consequently, any Assisted Living Facility or Home Care Agency cannot pay for the filing of the application, or pay someone or organization to do so. Otherwise they are breaking the law.
If you believe that they, or anyone else, is breaking the law, mail or fax to the VA, Office of the General Counsel a copy of their advertisement, website, or anything else that shows that they are breaking the law. Additionally, call the Maryland State Bar association or in the state where the individual or organization is located and ask that they be investigated for practicing law without a license.
Additionally, contact the Maryland Attorney General or your state attorney general and ask that they be investigated for consumer fraud.
The above courses of action are endorsed by the OGC to pass along to anyone who has knowledge of someone suspected of violating the law.
To learn more, about VA Benefits, visit our WEBSITE.
Also, we have written a FREE Handbook – Veteran’s Benefits if you would desire a copy please email or call our office 301 663 9230.Tags: accreditation, Aid and Attendance, financial Planners, home care agencies, Office of General Counsel, VA, veterans, Veterans Affairs, Veterans Benefits