New Jersey makes it a consumer fraud violation to charge for help with a VA claim except as federal law allows, to charge anything before a notice of disagreement is filed, to charge a referral fee, or to guarantee a rating. Paid advisers must tell you in writing and aloud that free help exists.
Also called: N.J.S.A. 56:8-228, P.L.2023, c.150, claim sharks, Consumer Fraud Act, accredited representative, 38 C.F.R. 14.636, notice of disagreement.
N.J.S.A. 56:8-228, added by P.L.2023, c.150, is aimed at the unaccredited companies that charge veterans a share of their rating increase.
What is banned. No person may receive compensation for advising or assisting anyone with a veterans benefits matter "except as permitted under federal law"; receive compensation for referring someone to such help; receive any compensation for services before a notice of disagreement is filed; guarantee a benefit or a particular level, percentage or amount; or charge an excessive or unreasonable fee, judged by the federal factors in 38 C.F.R. 14.636. Any fee must be in a written agreement signed by both sides that meets 38 C.F.R. 14.636.
Disclosure. Anyone who advises for pay must say at the outset, orally and in writing in at least 12-point type, that the business is not affiliated with VA or the state, and that the state veterans department, county veterans service agencies and veterans service organizations "may be able to provide you with this service free of charge". Advertisements must say the same. The statutory wording still names the Department of Military and Veterans Affairs, which is now the Department of Veterans Affairs.
Enforcement. A violation is an unlawful practice under the Consumer Fraud Act, so a veteran can complain to the Division of Consumer Affairs or sue for treble damages and attorney's fees.
The free route. Accredited service officers at the Department of Veterans Affairs' county offices and at the veterans service organizations file initial claims at no charge.
Thresholds
No rating or income gate is recorded. Read the detail and the official source.
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Disclaimer
VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.