New HampshireDepartment of JusticeOffice of the Attorney General

News Release

For Immediate Release
August 9, 2023

Contact:
Michael S. Garrity, Director of Communications
michael.s.garrity@doj.nh.gov | (603) 931-9375

Attorney General Formella Urges Passing of GUARD VA Benefits Act

Concord, NH – Attorney General John M. Formella has joined a bipartisan coalition of 44 attorneys general in issuing a letter to congressional leaders Portable Document Format Symbol expressing support for the passage of legislative proposals included in Governing Unaccredited Representatives Defrauding (G.U.A.R.D.) Veterans Affairs (VA) Benefits Act.

In the letter, Attorney General Formella and the coalition explained the passing of the bipartisan legislation would hold unaccredited and unregulated actors accountable for targeting and preying upon veterans who apply for federal VA benefits.

"Shielding our veterans from predators looking to profit off their hard-earned benefits is the least we can do for them. They deserve advocates they can trust to help navigate and understand their choices when filing VA claims," said Attorney General Formella. "Unaccredited claims representatives who target and unfairly take advantage of the men and women who put their lives on the line protecting our country must face criminal penalties."

Federal law requires anyone who assists veterans in preparing, presenting or prosecuting claims to be properly accredited through the VA Office of General Council (OGC). However, in 2006, criminal penalties for violating those laws were removed, which left the OGC powerless to enforce the law against anyone except those who voluntarily followed the laws and became accredited.

Attorney General Formella and the coalition said in the letter that, without accountability, unaccredited actors can advertise coaching and consultation services that are purportedly superior to the free services offered by accredited actors such as veteran service officers, claim agents and attorneys. In reality, the veterans do all of the work, and the unaccredited actors may only answer questions or advise.

According to Attorney General Formella and the coalition, the unaccredited actors never contact the veteran once the veteran finishes the claim. Accredited veteran service officers and claim agents, on the other hand, do all of the required work and remain available to the veteran. Additionally, since unaccredited actors do not have access to VA claim files, some require the veteran to share system logins, passwords or even bank account information so fees can be immediately withdrawn before the veteran even learns claim money has been deposited.

Portable Document Format Symbol Portable Document Format (.pdf). Visit nh.gov for a list of free .pdf readers for a variety of operating systems.

New Hampshire Department of Justice
1 Granite Place South | Concord, NH | 03301
Telephone: 603-271-3658