SB 658 — Prohibiting certain persons from receiving compensation for advising or assisting with veterans' benefits

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 658 ByBYSENATOROLIVERIO Senator[Reported OliverioMarch [Introduced10, March2025, 3,from 2025;the Committee on Military] CS for SB 658 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;

referred to the Committee on Military] Intr SB 658 2025R3201A A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §9A-1-13, relating to persons receiving compensation for assisting an individual to obtain veterans' benefits;

prohibiting a person from receiving compensation for referrals;assisting another in obtaining veterans' benefits, except as permitted by federal law;

prohibiting a person from receiving compensation for servicesreferring renderedan inindividual connectionto withanother claimperson filedto withinassist onewith yearobtaining ofveterans' active-dutybenefits; releases;

prohibiting thea guaranteeperson offrom anreceiving outcomecompensation orfor specificservices veterans'rendered benefits;prior to action by the Department of Veterans Affairs;

requiringprohibiting a writtenperson agreementfrom limitingguaranteeing compensation;an individual is certain to receive specific veterans' benefits;

requiringprohibiting writtena disclosure;person from receiving excessive or unreasonable fees for assisting another in obtaining veterans' benefits;

prohibiting usea ofperson internationalfrom datareceiving centerscompensation for processingassisting another in obtaining veterans' personalbenefits information;without a written fee agreement, to be filed with the Department of Veterans Affairs;

limitingprohibiting the useprovision of medical evidence or expert witness testimony in connection with a veterans' personalbenefits information;matter where fees are not pre-determined;

requiringestablishing backgroundviolations checks;of the West Virginia Consumer Credit and Protection Act;

identifying actions that constitute representation and compensationproviding for representingexceptions. a person seeking veterans’ benefits;

providing that a violation of this section is an unlawful practice and a violation of the West Virginia Consumer Credit and Protection Act;

and requiring any such representation comply with federal law.

ARTICLE 1.7.

DEPARTMENTVETERANS' OFEMPOWERMENT VETERANS'AND ASSISTANCE.TRUST SAFEGUARD (VETS) ACT.

§9A-1-13.§9A-7-1.

SafeguardingDefinitions. American Veteran Empowerment Act.

(a) As used in this section:article, unless the context otherwise indicates, the following terms have the following meanings:

(1) "Compensation" means the payment of any money, a thing of value, or a financial benefit.

(2) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency,agency or instrumentality, or any other legal or commercial entity.

"Veterans'(3) benefits“Department” matter" means the preparation, presentation, or prosecution of any claim affecting any person who has filed or expressed an intent to file a claim for any benefit, program, service, commodity, function, status, or entitlement to which is determined under the laws and regulations administered by the United States Department of Veterans AffairsAffairs. or the West Virginia Department of Military and Veterans' Affairs pertaining to veterans, their dependents, their survivors, and any other individual eligible for such benefits.

IntrCS for SB 658 2025R3201A(4) (b)"Veterans' Nobenefits personmatter" may:means the preparation, presentation, or prosecution of a claim affecting an individual who has filed, or has expressed an intent to file, a claim for a benefit, program, service, commodity, function, status, or entitlement which is administered by the United States Department of Veterans Affairs or the United States Department of Defense and pertains to veterans, their dependents, their survivors, or any other individual eligible for such benefits.

(1)§9A-7-2. Receive compensation for referring any individual to another person to advise or assist this individual with any veterans’ benefits matter;

(2)Prohibitions. Receive any compensation for any services rendered in connection with any claim filed within the one year presumptive period of active-duty release, unless the veteran acknowledges by signing a waiver that they are within this period and choosing to deny free services available to them;

orNo (3)person Guarantee,shall: either directly or by implication, a successful outcome or that any individual is certain to receive specific veterans' benefits or that any individual is certain to receive a specific level, percentage or amount of veterans' benefits.

(c)(1) AReceive personcompensation seekingfor tothe receivepreparation, compensationpresentation, foror advising,prosecution assisting,of, or consultingfor withadvising, anyconsulting, individualor inassisting connectionan withindividual anywith, a veterans' benefits mattermatter, must,except beforeas renderingpermitted anyby services,federal memorializelaw theor specificregulation; terms under which the amount to be paid will be determined in a written agreement signed by both parties.

Compensation(2) mustReceive becompensation purelyfor contingentreferring upon an increaseindividual into benefitsanother awarded,person andto ifprepare, successful,present, compensationor mustprosecute, not exceed five times the amount of the monthly increase in benefits awarded based on the claim.No initial or nonrefundableto feeadvise, mayconsult, be charged by a person advising, assisting, or consultingassist an individual onwith, a veterans' benefits matter.matter;

(d)(3) AnyReceive, personwith advising,respect assisting,to oran consultingindividual's on a veterans' benefits mattermatter, compensation for compensationservices mustrendered providebefore the followingdate disclosureon atwhich the outsetdepartment ofhas theissued businessa relationship:benefit determination letter or other similar notification, a decision review has occurred, or an appeal has been filed, whichever occurs first;

"This(4) businessGuarantee, iseither notdirectly sponsoredor by,by orimplication, affiliatedthat with,any theindividual Unitedis Statescertain Departmentto ofreceive Veteransspecific Affairsveterans' benefits or thethat Westany Virginiaindividual Departmentis ofcertain Veteransto Assistance,receive ora anyspecific otherlevel, federallypercentage, charteredor veterans'amount serviceof organization.veterans' benefits;

Other(5) organizationsReceive includingexcessive butor notunreasonable limitedfees toas compensation for the Westpreparation, Virginiapresentation, Departmentor ofprosecution Veteransof, Assistance,or afor localadvising, veterans'consulting, serviceor organization,assisting andan otherindividual federallywith, chartereda veterans' servicebenefits organizationsmatter. may be able to provide you with the service free of charge.

ProductsThe orfactors servicesarticulated offeredin by38 thisC.F.R. business are not necessarily endorsed by any Intr SB 658 2025R3201A of these organizations.

You§ may14.636(e) qualifyand for38 otherU.S.C. veterans' benefits for which you are receiving services here." This written disclosure must appear in at least 12-point font in an easily identifiable place in the person's agreement with the individual seeking services.

The§ individual5904 mustshall signgovern thedeterminations documentof inwhether whicha thefee writtenis disclosureexcessive appearsor tounreasonable; represent an understanding of these provisions.

The(6) personReceive offeringcompensation servicesfor mustthe retainpreparation, apresentation, copyor ofprosecution theof, writtenor disclosuresfor whileadvising, providingconsulting, or assisting an individual with, any veterans' benefits servicesmatter without first CS for compensationSB to658 theproviding individualan forexecuted atcopy leastof onea yearwritten afterfee theagreement, datedrafted onin whichaccordance with §9A-7-3 of this code, to the servicedepartment relationsand/or terminate.its Office of General Counsel;

(e)or Businesses(7) advising,Receive assisting,or seek to receive fees as compensation for providing medical evidence or consultingexpert onwitness testimony in connection with a veterans' benefits mattersmatter forwhich aare feecontingent shall:upon the outcome of the veterans' benefits matter or are otherwise not pre-determined.

(1)§9A-7-3. Not utilize international data centers for processing veterans' personal information;

(2)Memorialization Notof useterms. a veteran's personal log-in, username, or password information to access that veteran's personal information;

(3)Any Ensureperson thatseeking anyto individualreceive whocompensation hasfor accessthe topreparation, veterans'presentation, medicalor prosecution of, or financialfor informationadvising, undergoesconsulting, or assisting an individual with, a backgroundveterans’ checkbenefits priormatter toshall, havingbefore accessrendering any services for which compensation is to thatbe information.paid, memorialize all terms regarding the payment of fees for services rendered in a written agreement signed by all parties.

The backgroundwritten checkagreement mustshall beadhere conductedto byall acriteria reputablespecified sourcein and38 includeC.F.R. identify verification and a criminal records check.

(f)§ A14.636(g) violation of this section is an unlawful practice and a38 violationU.S.C. of West Virginia Consumer Credit and Protection Act at §46A-6-1 et seq.