Isn’t HB 108 supposed to protect veterans from scams?
That’s the intention stated by its sponsors; but as written, HB 108 would do the opposite. It would permit unaccredited, for-profit claims agents to operate under Georgia law even though federal law (38 U.S.C. §§ 5901–5904) already prohibits such activity. Instead of protecting veterans, it would normalize illegal behavior and make it harder to hold violators accountable.
Why is “accreditation” such a big deal?
Accreditation is the veterans’ first line of defense. It means the person helping with a VA claim is trained, vetted, and recognized by the U.S. Department of Veterans Affairs to act on a veteran’s behalf. Accredited representatives must follow federal ethics rules and can lose their accreditation or face prosecution for misconduct. Unaccredited “consultants” have no oversight, no training requirements, and no accountability.
What does federal law actually say?
Under Title 38 of the United States Code, only VA-accredited agents, attorneys, or service officers may:
- Represent veterans before the VA, and
- Charge fees for that representation.
Anyone who assists or charges fees without accreditation is violating federal law. Georgia House Bill 108 ignores this and would create a state-level loophole allowing illegal actors to appear “legitimate.”
What penalties exist today for unaccredited activity?
Currently, federal law allows the VA and the Department of Justice to take action, including fines, restitution, and debarment.
However, those penalties are difficult to enforce without state-level cooperation.
That’s why the VFW Department of Georgia believes the legislature should strengthen state penalties and empower GDVS and law enforcement to investigate and prosecute violators, rather than legalize their operations through HB 108.
Would HB 108 override federal law?
No, but it would confuse veterans and conflict with existing federal protections.
Even if passed, federal law still prohibits unaccredited claims activity. But HB 108’s language could mislead veterans into thinking these consultants are legitimate, reducing enforcement and enabling bad actors to profit with minimal risk.
How can I tell if someone is accredited?
Use the VA’s online accreditation search tool: VA Accreditation Search
Enter their name or organization. If no record appears, they are not accredited and cannot legally charge you or represent you before the VA.
Why should Georgia get involved if federal law already covers this?
Because federal enforcement resources are limited. Predatory consultants often operate locally and never get flagged federally.
Georgia can and should implement actionable penalties at the state level to deter unaccredited activity, just as other states have done.
State enforcement amplifies federal law, closing the gap that HB 108 would otherwise widen.
Can a veteran ever pay for claims help legally?
Yes, but only under these strict conditions:
- The person must be VA-accredited, and
- The VA must approve the fee in writing after a decision is issued.
No one, accredited or not, can legally charge up-front fees for initial claims assistance. If someone tries, they're breaking the law.
What does the VFW Department of Georgia recommend?
The Veterans of Foreign Wars Department of Georgia recommends the following:
- Reject HB 108 as written.
- Support legislation that aligns with federal accreditation standards.
- Enforce penalties against unaccredited actors who prey on veterans.
- Invest in public awareness so veterans know where to find free, accredited help through the VFW and Georgia Department of Veterans Services (GDVS).
Veterans earned their benefits through service; they should never have to go into debt to receive those earned benefits.