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WV SB658

WV SB658
Prohibiting certain persons from receiving compensation for advising or assisting with veterans' benefits


summary

Introduced
03/03/2025
In Committee
03/14/2025
Crossed Over
03/13/2025
Passed
Dead
04/12/2025

Introduced Session

2025 Regular Session

Bill Summary

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §9A-7-1, §9A-7-2, §9A-7-3, §9A-7-4, and §9A-7-5, relating to creation of the Veterans' Empowerment and Trust Safeguard Act; defining terms; prohibiting a person from receiving compensation for assisting another in obtaining veterans' benefits, except as permitted by federal law; prohibiting a person from receiving compensation for referring an individual to another person to assist with obtaining veterans' benefits; prohibiting a person from receiving compensation for services rendered prior to action by the Department of Veterans Affairs; prohibiting a person from guaranteeing an individual is certain to receive specific veterans' benefits; prohibiting a person from receiving excessive or unreasonable fees for assisting another in obtaining veterans' benefits; prohibiting a person from receiving compensation for assisting another in obtaining veterans' benefits without a written fee agreement, to be filed with the Department of Veterans Affairs; prohibiting the provision of medical evidence or expert witness testimony in connection with a veterans' benefits matter where fees are not pre-determined; establishing violations of the West Virginia Consumer Credit and Protection Act; and providing for exceptions.

AI Summary

This bill, known as the Veterans' Empowerment and Trust Safeguard Act, establishes strict regulations regarding compensation for individuals assisting veterans with benefits claims. The bill defines key terms such as "compensation," "person," and "veterans' benefits matter," and then prohibits several practices that could potentially exploit veterans seeking benefits. Specifically, the bill prevents people from receiving payment for preparing, presenting, or advising on veterans' benefits claims except as permitted by federal law, bans guaranteeing specific benefits outcomes, restricts compensation before an official benefits determination, and requires written fee agreements filed with the Department of Veterans Affairs. The legislation considers violations as breaches of the West Virginia Consumer Credit and Protection Act, with some exceptions made for accredited agents, attorneys, recognized organization representatives, government employees, and licensed medical professionals who provide expert testimony at pre-determined rates. The bill aims to protect veterans from potential predatory practices by individuals seeking to profit from benefits claims by establishing clear guidelines and limitations on compensation for assistance with veterans' benefits matters.

Committee Categories

Justice, Military Affairs and Security

Sponsors (1)

Last Action

To House Judiciary (on 03/14/2025)

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