Our veterans have already paid their dues through their service and sacrifice. They should never be asked to pay a "success tax” in order to access the benefits they have earned.
I respectfully urge this committee to amend SB 974 by removing the provision that authorizes compensation equal to five times the monthly increase in benefits. Establishing a ceiling that high will, in practice, become a standardized floor for predatory pricing. Missouri should not create a statutory pathway that allows middlemen to profit from a veteran’s disability compensation.
Missouri has long been a state where a veteran’s benefits belong to the veteran. Preserving that principle requires striking this harmful language and ensuring that any assistance with VA claims remains aligned with federal accreditation and consumer‑protection standards.
Thank you for your time and for your continued commitment to Missouri’s veterans. I am available to answer any questions the committee may have.
Strike:
"...and shall not exceed five times the amount of the monthly increase in benefits.”
Replace with:
Language prohibiting any person from receiving compensation for assisting with a veterans' benefits claim unless they are an accredited attorney or accredited agent recognized by the U.S. Department of Veterans Affairs, ensuring Missouri law remains consistent with federal consumer‑protection requirements.
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BLACK.
KRISTINA MARTIN, Secretary
42.028. 1. As used in this section, the following
terms mean:
(1)
"Compensation", any money, thing of value, or
economic benefit conferred on, or received by, any person in
return for services rendered, or to be rendered, by himself
or herself or another;
(2)
"Person", any natural person, corporation, trust,
partnership, incorporated or unincorporated association, or
any other legal entity;
(3) "Veterans
benefits matter", 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 to pertain to
veterans, their dependents, their survivors, or any other
individual eligible for such benefits under the laws and
regulations administered by the United States Department of
Veterans Affairs or the Missouri veterans' commission.
2. No person shall
receive compensation for referring
any individual to another person to advise or assist the
individual with any veterans benefits matter.
3. No person shall
receive compensation for any
services rendered in connection with any claim filed within
the one-year presumptive period of active-duty release.
4. A person seeking
to receive compensation for
advising, assisting, or consulting with any individual in
connection with any veterans’ benefits matter shall, before
rendering any services, memorializing the specific terms,
under which the amount to be paid will be determined, in a
written agreement signed by both parties. Such compensation
shall be purely contingent upon an increase in benefits
awarded, and if successful, compensation shall not exceed
five times the amount of the monthly increase in benefits
awarded based on the claim. Initial or nonrefundable fees
or charges are prohibited.
(We would
like to see ALL of paragraph 4 removed from the bill, but the largest emphasis is
the section that is currently striken in the text.)
REPLACEMENT
SUGGESTION:
"Language
that prohibits any person from receiving compensation for assisting with a
claim unless they are an accredited attorney or agent recognized by the
Department of Veterans Affairs, ensuring Missouri law aligns with federal
consumer protection standards.
5. A person seeking
to receive compensation for
advising, assisting, or consulting with any individual with
any veterans benefits matter shall not utilize a medical
professional with whom the person has an employment or
business relationship for a secondary medical exam.
6. No person shall
guarantee, either directly or by
implication, a successful outcome, 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.
7. (1) No person shall advise, assist, or consult
for
compensation with any individual concerning any veterans
benefits matter without clearly providing, at the outset of
the business relationship, the following disclosure, both
orally and in writing:
"This business is not sponsored by, or
affiliated with, the United States Department of
Veterans Affairs or the Missouri Veterans'
Commission, or any other federally chartered
veterans' service organization. Other
organizations, including, but not limited to,
the Missouri Veterans' Commission, a local
veterans' service organization, and other
federally chartered veterans' service
organizations, may be able to provide you with
this service free of charge.
Products or
services offered by this business are not
necessarily endorsed by any of these
organizations. You
may qualify for other
veterans' benefits beyond the benefits for which
you are receiving services here.".
(2) The written
disclosure shall appear in at least
twelve-point font and shall appear in a readily noticeable
and identifiable place in the person's agreement with the
individual seeking services.
The individual shall verbally
acknowledge understanding of the oral disclosure and shall
sign the document in which the written disclosure appears,
to represent understanding of these provisions. The person
offering services shall retain a copy of the written
disclosure while providing veterans' benefits services for
compensation to the individual and for at least one year
after the date on which the service relationship terminates.
8. Persons engaging
in the preparation of an initial
claim for a fee shall not:
(1) Utilize
international call centers or data centers
for processing veterans' personal information; nor
(2) Gain direct
access to any personal medical,
financial, or governmental benefits login, username, or
password information.
9. A violation of
this section shall constitute an
unlawful practice under section 407.020 and any action
authorized in sections 407.010 to 407.130 may be taken.