MN attorney general warns of claim sharks scam targeting veterans benefits

Ahead of Veterans Day on Monday, the Minnesota Attorney General’s office is warning veterans about a scam targeting them and family members.

So-called “claim shark” companies prey on those seeking Veterans Affairs benefits.

How it works

A claim shark is an individual or company that illegally charges fees to “assist” or “consult” veterans with filing claims for VA benefits.

Claim sharks are not VA-accredited as required by law. They target veterans or family members of veterans with aggressive and deceptive advertising. Then, they try to convince the veteran or family member to sign contracts with deceptive or unfair terms that require payment of large fees or even a percentage of benefit increases from claims, sometimes including claims that were filed with the VA before the contract with the claim shark was even signed.

They make dishonest promises that they can accelerate the claims process or guarantee a veteran will obtain a certain disability rating when only the VA can determine rating levels.

“It’s unacceptable when scammers target any Minnesotan,” Attorney General Keith Ellison said in a statement. “It’s particularly galling when scammers go after Minnesota’s veterans, who have risked and sacrificed so much on our behalf. It is important that Minnesota veterans know they have the right to select their own representation in pursuing benefit claims with the VA so long as the organization or individual has been authorized to practice before the VA.  Anyone who prepares claims without authorization is breaking the law and taking advantage of veterans.”

Spotting a claim shark

The scam works by taking a portion of veterans’ benefits or charging up-front fees.

Among the warning signs to look out for:

• Companies claiming their services are superior to free services offered by accredited veteran service officers.

• Promises or guarantees increased disability rating or percentage increase.

• Use of high pressure sales tactics to convince veterans to sign a contract.

• Failure to make disclosures required under Minnesota law that require the veteran to acknowledge that they are entitled to free assistance with their benefits.

• Presenting services as “coaching” or “consulting” in order to avoid federal laws.

• Requiring a veteran to provide their VA systems logins and passwords to submit claims on their behalf; or
Instruct veterans not to inform the VA they are receiving assistance from the company.

How to protect veterans benefits

Keep in mind that veterans do not have to pay when they apply for VA benefits. They are entitled to free assistance from VA accredited attorneys, claims agents, and VSO representatives. In Minnesota, companies offering veteran benefit services or appeal services are required by law to disclose this fact before accepting payment from a veteran. The VA provides information online about how to find a VA-accredited representative.

To protect VA benefits, veterans should only share sensitive information with VA-accredited attorneys, claims agents, and Veterans Service Organization representatives. And. they should never provide login credentials to access personal information such as those for VA.gov. Always review forms and do not work with someone who will not sign a VA representation form (21-22 or 21-22a).

What to do if you are scammed

Report scams to the Office of the Attorney General immediately.

The Attorney General has created a form to help veterans, service members, and their families report companies and individuals falsely claiming to provide veterans benefits assistance. To report a scam file a complaint with the Office of the Attorney General Keith Ellison online. Individuals also can contact the Attorney General’s Office by calling (651) 296-3353 or (800) 657-3787.

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