§296. Preserving lawful utilization of services for veterans
A. For the purposes of this Section, the following terms shall have the following
meanings:
(1)"Compensation" means 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 a person.
(2)"Person" means any natural person, corporation, trust, partnership, incorporated
or unincorporated association, or any other legal entity.
(3)"Veterans' benefits 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
to pertain to veterans, their dependents, their survi
Free access — add to your briefcase to read the full text and ask questions with AI
§296. Preserving lawful utilization of services for veterans
A. For the purposes of this Section, the following terms shall have the following
meanings:
(1) "Compensation" means 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 a person.
(2) "Person" means any natural person, corporation, trust, partnership, incorporated
or unincorporated association, or any other legal entity.
(3) "Veterans' benefits 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
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 Louisiana Department of Veterans Affairs.
B.(1) No person shall receive compensation for referring any individual to another
person to advise or assist the individual with any veterans' benefits matter.
(2) No person shall receive any compensation for any services rendered in
connection with any claim filed within the one-year presumptive period of active-duty
release.
(3) No person shall receive any compensation for any services rendered in
connection with any claim for pension benefits.
C.(1) 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, memorialize the specific terms under which the amount to be paid will be
determined in a written agreement signed by both parties. Compensation must 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.
Compensation shall not exceed twelve thousand five hundred dollars or an amount
established by federal law, whichever is less. No initial or nonrefundable fee shall be
charged by a person advising, assisting, or consulting an individual on a veterans' benefit
matter. No interest shall be charged on any payment plans agreed to by the parties.
(2) 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 it has an employment or business relationship for a secondary medical exam.
(3) In the event that a veteran claimant dies prior to a claim being processed, any
expected compensation shall be waived, and no charge, fee, or debt shall be collected. Any
payment plan for services rendered shall be terminated immediately.
D. No person shall guarantee, 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.
E.(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 Louisiana Department of Veterans Affairs, or any other
federally chartered veterans' service organization. Other organizations including but
not limited to the Louisiana Department of Veterans Affairs, 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 disclosure shall direct the individual seeking services to the nearest
Veterans Service Office, with the appropriate address and contact information for that office.
The individual shall verbally acknowledge understanding of the oral disclosure and 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 relations terminate.
F. Businesses engaging in the preparation of an initial claim or appeal of a disability
rating for a fee shall not do any of the following:
(1) Utilize international call center or data centers for processing veterans' personal
information.
(2) Gain direct access to any personal medical, financial, or government benefits
login, username, or password information.
G. A violation of the provisions of this Section shall constitute an unfair, false,
misleading, or deceptive act or practice in the conduct of trade or commerce under the Unfair
Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq.
H. An entity assisting veterans with their initial disability claims as prescribed within
this Section shall, within one hundred twenty days of the request, provide on an annualized
basis of all of the following data to the Department of Veterans Affairs:
(1) Aggregate number of serviced in the state.
(2) Number of claims approved, denied, and pending.
(3) Average claim return time.
(4) Number of clients who received a successful increase who have a previously
assigned "agent of record".
(5) Data provided shall exclude any items of personal financial, medical, or other
data deemed confidential, business privileged, or HIPAA protected information.