Opinion: Congress must follow Colorado’s lead to protect veterans against “claim sharks” ...Middle East

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Veterans deserve more than our gratitude. They deserve access to the benefits they earned in service to our country. Unfortunately, that promise is being broken by a growing, unregulated industry that profits from the complexity and dysfunction of the veterans benefits system. 

Colorado has led the way to support veterans and regulate bad actors. This year, I worked with lawmakers on both sides of the aisle to pass Senate Bill 282, also known as Protections for Veterans Seeking Benefits. Next week, I’m traveling to Washington, D.C. to meet with veterans organizations and members of Congress to share lessons learned from Senate Bill 282 and urge our federal partners to follow Colorado’s lead.

Every state funds a network of Veterans Service Officers, or VSOs, who help veterans apply for disability benefits from the U.S. Department of Veterans Affairs. These services are offered free of charge, so that every veteran, regardless of income, can get the help they need.

It sounds great on paper. But in practice, the system is stretched thin. A recent audit by the Colorado Department of Military and Veterans Affairs revealed widespread staffing shortages and excessive caseloads that result in weekslong delays, meaning veterans can’t access treatment or support their families with the benefits they earned. Faced with these barriers, many veterans simply give up.

That’s where the “claim sharks” come in.

A cottage industry of unaccredited “consultants” has emerged in Colorado and throughout the country, charging veterans thousands of dollars to help file disability claims. These businesses are operating in a legal loophole to offer the same services as agents accredited by the VA, just without training, oversight or accountability.

Some veterans do get help from this industry. But far too many are misled by false promises, deceptive marketing or business models that falsely imply affiliation with the VA. And even the companies that act in good faith often charge fees that far exceed the value of their work. It’s not uncommon for veterans to pay thousands of dollars for a few hours of help. That’s more than Chevron pays its attorneys.

It’s easy to see why some veterans end up turning to these consultants — because I nearly did it myself. When I applied for disability benefits last year, I was overwhelmed by confusing paperwork and unclear requirements. Luckily, a free VSO stepped in, and after two quick phone calls, I had a clear path forward. Without that help, I would have gone into debt just to access benefits I had already earned.

When it comes to fixing this problem, there are two extremes. Some want to ban unaccredited assistance altogether. Others want no restrictions at all. I believe the best approach is a middle course: one that protects veterans without taking away their ability to pay for legitimate help. The private sector can help fill the gap when the government falls short, but veterans must have basic consumer protections.

That is the approach we took with Senate Bill 282, which was signed into law by Gov. Jared Polis earlier this month. The bill adds commonsense consumer protection requirements to companies that charge veterans for help, like plain-language disclosures, and it places reasonable limits on the amount of money they can charge – up to $9,200 or 25% of past-due benefits that a veteran actually receives after getting help from one of these companies.

This balanced approach earned broad support in Colorado. The United Veterans Coalition of Colorado — which includes the Veterans of Foreign Wars, VSOs and dozens of veterans organizations statewide — backed Senate Bill 282. The bill passed the House and Senate with strong, bipartisan support.

But while Senate Bill 282 will protect veterans in Colorado, action at the federal level is needed. In 2023, a bill was introduced to ban claim sharks, but it never made it out of committee. In response, the claim shark industry is pushing its own bill that was introduced earlier this year. I urge Congress to work together across party lines and adopt Colorado’s new model instead. This isn’t about politics, it’s about a promise: The promise that if you serve your country, your country will be there for you when you come home.

The Department of Veterans Affairs has adopted that as its motto, quoting President Lincoln’s timeless charge: “To care for him who shall have borne the battle, and for his widow, and his orphan.” Let’s honor that promise by putting these commonsense protections in place nationwide. 

Matt Ball, who represents central and east Denver as the state senator for District 31, served multiple combat deployments as an Army Ranger and currently serves as a reservist in the U.S. Army.

The Colorado Sun is a nonpartisan news organization, and the opinions of columnists and editorial writers do not reflect the opinions of the newsroom. Read our ethics policy for more on The Sun’s opinion policy. Learn how to submit a column. Reach the opinion editor at opinion@coloradosun.com.

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