VA Accredited Claims Agent

So how do you know if the person you are working with is recognized by the Secretary of Veterans Affairs?

Type in a search engine, VA Accredited Claims Agent. Click on the link:

There you can see all three categories of persons:

Attorney, Claims Agent, and VSO representative

Type the person’s name and see if they are listed on VA.gov.

If you go to the VA.gov site you will see Steve Dabbs is a VA accredited claims agent.

A common myth about VA Pension Benefits is that Anyone can help a Veteran with a Veterans Pension Claim

I often learn about unauthorized people – usually annuity and insurance agents — helping veterans with claims. These agents say that they are affiliated with a non-profit organization, but all they really want to do is sell an annuity.  In many states, this is a violation of insurance laws because it is considered a pretext sales approach.

Since it is against the law it also can cause the person unnecessary legal issues too.

Selling annuities is not necessarily a bad thing under the right circumstances. Medicaid-compliant income annuities can be a wise choice — turning an asset into a flow of income to help pay for care – that lets someone qualify for VA or Medicaid benefits. But the fact that sales agents hide behind the facade of a non-profit organization is questionable.    

These people are often breaking the law. Read more.

Fact:  The law says that anyone can help veteran with one claim. Title 38 CFR § 14.630 (a) states that any person may be authorized to prepare, present, and prosecute one claim. This allows a family member or friend to help a veteran with a claim.

This is clarified under Title 38 U.S.C. § 5901:

“Except as provided by section 500 of title 5, no individual may act as an agent or attorney in the preparation, presentation, or prosecution of any claim under laws administered by the Secretary unless such individual has been recognized for such purposes by the Secretary.” These are the people recognized by the Secretary.

• VA Accredited Attorneys
• VA Accredited Claims Agents
• Veteran Service Officers

The VA added to the explanation in their Fast Letter 06-26: “Representation before VA consists of actions associated with the preparation, presentation, or prosecution of claim for a VA claimant … Among other things, representation may include counseling on veterans benefits, gathering information necessary to file a claim for benefits, preparing claim forms …”

This is violated by many well-meaning advisors, particularly those who are counseling on VA benefits and gathering information.  Advisors cross the line as soon as they go from providing general education on VA benefits to answering specific questions, such as whether or not a veteran will qualify based on their current medical needs, wartime military service or if they have too many assets.  This is a direct violation of the intent and spirit of the law.

So, as a health care professional, home health provider, assisted living community director or senior placement agent, when you make a referral, be sure that the person that you suggest is recognized by the VA as a VA Accredited Attorney, Accredited Claims Agent or Veteran Service Officer.

Feel free to contact Steve Dabbs, CMP™, VA Accredited Claims Agent if you have questions about VA Pension with Aid and Attendance benefits.

VA Accredited Claims Agent Fees

The VA is very clear here no one can charge to prepare claims paperwork.

That does not prohibit a VA Claims Agent from charging for other services like pre-claim consultation and consultation on various other Governmental Benefits like Medicaid or ALTCS in Arizona.

Consultation ranges from Asset Protection Planning, Estate Planning, Medicaid Planning, or ALTCS Planning.

Both a VA Accredited Claims agent and an accredited attorney can charge a Veteran if their claim is denied.

Also read: VA aid and Attendance Asset Limits 

How to become a VA Accredited Claims Agent?

To become an accredited claims agent, you must apply to the VA and pass a test on Title 38 U.S.C Code and the Title 38 CFR.

The reason the exam is difficult, and most do not pass is because that uses all the information and rules contained in both Title 38 U.S.C Code and Title 38 CFR and condense it down to only 25 questions.

Now I know what you are thinking only 25 questions. How hard can that be?

Because Veteran’s Benefits include, Educational, Home Loans, Medical, and Long Term Care benefits which the VA Accredited Claims Agent exam may include a question on all areas.

You must get 75% or more on the exam. This means that you can only miss 6 questions to pass.

To apply use: Initial Accreditation Application Form: VA Form 21a.

VA Accredited Claims Agent Training

There is no formal training available to become a VA Accredited Claims Agent.  

However as previously mentioned in order to become a VA Claims Agent you must pass the VA accreditation exam based on Title 38 U.S.C. Code and Regulations.

So without taking the time to study the law and regulations that surround the law a person would not pass the exam.

Once accredited a VA claims agent must obtain 3 hours of continuing education on VA benefits every 2 years.

This is different for an attorney to become accredited.

An attorney only needs to submit the application and be in good standing with their state bar to be approved.

And no specific knowledge of the law or regulations of Title 38 is required.

So I often find that a VA Accredited Claims Agent is more familiar with the law and regulations than an accredited attorney.  

The Veteran Service Officer is connected with a recognized Veteran Service Organization, these are:

The following is a listing of national, regional, or local organizations recognized by the Secretary of Veterans Affairs in the preparation, presentation, and prosecution of claims under laws administered by the Department of Veterans Affairs.

• African American PTSD Association American
• Legion American
• Red Cross AM
• VETS
• American Ex-Prisoners of War, Inc.
• American GI Forum
• National Veterans Outreach Program Armed Forces Services Corporation Army and Navy Union,
• USA Associates of Vietnam Veterans of America
• Blinded Veterans Association
• Catholic War Veterans of the U.S.A.
• Disabled American Veterans Fleet Reserve Association
• Gold Star Wives of America, Inc.
• Italian American War Veterans of the United States, Inc.
• Jewish War Veterans of the United States Legion of Valor of the United States of America, Inc.
• Marine Corps League
• Military Officers Association of America (MOAA)
• National Amputation Foundation, Inc.
• National Association of County Veterans Service Officers, Inc,
• National Association for Black Veterans, Inc.
• National Veterans Legal Services Program
• National Veterans Organization of America
• Navy Mutual Aid Association Paralyzed Veterans of America, Inc.
• Polish Legion of American Veterans,
• S.A. Swords to Plowshares,
• Veterans Rights Organization, Inc.
• The Retired Enlisted Association
• The Veterans Assistance Foundation, Inc.
• The Veterans of the Vietnam War, Inc.
• The Veterans Coalition United
• Spanish War Veterans of the United States
• United Spinal Association, Inc.
• Veterans of Foreign Wars of the United States
• Veterans of World War I of the U.S.A., Inc.
• Vietnam Era Veterans Association
• Vietnam Veterans of America West Virginia
• Department of Veterans Assistance Wounded Warrior Project

Steve Dabbs has been a VA Accredited Claims agent since June 2011. He helped many of Veterans, Spouses, and Surviving Spouses for VA benefits.

He specializes in long-term care benefits which include both Private Insurance Plans and Governmental benefits.