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A Lay Person Claims To Be Vets Advocate

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halos2

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Not looking at this morally or ethically is this legal for someone to do this? Apparently calls self "advocate" not a VSO and is versed in the claims process and appeal process. Don't know this person, and someone asked if he can legally do this? Don't know if he is a vet or not either. He has assisted a few vets and they give him a small fee for his work.

Is this legal? He does not set a fee, just does some minimum wage amount. These vets were not complaining, but were so glad to get someone to help them. I don't know if this is a side business or what either. Is there such a business someone could be doing this if not a lawyer?

I know there are volunteer VSO's and paid VSO's for agency's but is it possible for someone to do this or take the VSO training and open a legit business?

I just didn't know how to answer these questions, as I never heard of anyone doing this before?? Answers appreciated to pass on to these guys. Thanks.:blink:

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My only concern was that the veteran understands that the person helping them is not accredited by the VA and is not giving legal advice. In my very humble opinion whether a veteran wants to give you something for helping them is between him and the lord and whether or not you accept it and what you do with it is between you and the lord.

Hope I am making sense I accidentally double dosed this am. My bad, it has to do with the snapping the little compartments I must make sure they snap and close or I dump the mornings pills into my hand and the afternoon drop in there to. Oh well, such is my life.

I have no feelings on the subject at all except that a signed agreement should be made upfront Stating clearly that the veteran know the person helping them is not accredited by the VA and is not giving legal advice. That way there is no confusion later.

That is all I am saying.

Tbird
 

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Put it this way. I retired from the USAF JAG Corps as a master sergeant and paralegal craftsman and I have a paralegal associate degree. I've worked on complex medical malpractice cases and am a trained, experienced legal researcher and investigator.

Unless I were a licensed member of the bar or had other express legal authority to practice before VA for compensation (and was protected by a corporate structure and malpractice insurance), there is no way I would undertake the course of action you describe as being taken by this "advocate." I would be concerned about 1) being prosecuted for unauthorized practice of law, and 2) placing my personal assets at risk if my "client" sued me for malpractice, and of course 3) missing something that an attorney would catch.

A lot of folks here are well versed in the claims process, but there's a big difference between carefully-phrased kibitzing about someone's claims issue (i.e., "this isn't legal advice, but you might want to consider Issue X or Issue Y, and here's a link to a case that might get you started") and a fee-for-service operation, no matter how penny-ante the fee is or how small the operation.

Is it legal? Can't tell you, ask a lawyer :) Would I do it? Hell no.

Bill

Not looking at this morally or ethically is this legal for someone to do this? Apparently calls self "advocate" not a VSO and is versed in the claims process and appeal process. Don't know this person, and someone asked if he can legally do this? Don't know if he is a vet or not either. He has assisted a few vets and they give him a small fee for his work.

Is this legal? He does not set a fee, just does some minimum wage amount. These vets were not complaining, but were so glad to get someone to help them. I don't know if this is a side business or what either. Is there such a business someone could be doing this if not a lawyer?

I know there are volunteer VSO's and paid VSO's for agency's but is it possible for someone to do this or take the VSO training and open a legit business?

I just didn't know how to answer these questions, as I never heard of anyone doing this before?? Answers appreciated to pass on to these guys. Thanks.:blink:

Edited by Bill (USAF Retired)
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  • HadIt.com Elder

Put it this way. I retired from the USAF JAG Corps as a master sergeant and paralegal craftsman and I have a paralegal associate degree. I've worked on complex medical malpractice cases and am a trained, experienced legal researcher and investigator.

Bill

Thank you for your service, Bill.

As an "advocate", now on hiatus, I would always try to work on projects that would help the most veterans at one time, by my efforts.

Helping one on one, can be very rewarding in a non-monetary way, as well. I would encourage your kibitzing here, without fear of legal liabilities. We could use you in our corner.

Best wishes,

CB

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Edited by Commander Bob

"it shall be remembered"...

"We few"

"We happy few"

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  • HadIt.com Elder

That is Ironic as the DAV told me that there was a person running around doing claims for Veterans and charging 100.00.

That is a big risk.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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Thank you for your service, Bill.

As an "advocate", now on hiatus, I would always try to work on projects that would help the most veterans at one time, by my efforts.

Helping one on one, can be very rewarding in a non-monetary way, as well. I would encourage your kibitzing here, without fear of legal liabilities. We could use you in our corner.

Best wishes,

CB

Thanks for yours as well, CB. I kick in when life allows, and the prolific posters here offer a huge body of knowledge to those who are contending with the VA process for the first time.

One of the tragedies of the VA system is that some very deserving Veterans are the ones least able to act as advocates for themselves, sometimes due to the condition that causes them to need VA in the first place.

Bill

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  • HadIt.com Elder

...

One of the tragedies of the VA system is that some very deserving Veterans are the ones least able to act as advocates for themselves, sometimes due to the condition that causes them to need VA in the first place.

Bill

Yes, indeed, Bill. That's why we need HADIT...

CB

"it shall be remembered"...

"We few"

"We happy few"

************************

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