Dozens of states have either passed or introduced legislation designed to address unaccredited VA claims agents, some of whom may charge veterans or survivors tens of thousands of dollars for support they aren’t legally allowed to provide … support already available from other sources at no cost to the claimant.

But this patchwork solution, triggered by a 2006 change in federal law that removed criminal penalties for unaccredited agents – also known as “claim sharks” – has led to predictable consequences.

“You left the speed limit sign up on the interstate, but you took away the highway patrol and the traffic courts,” said Col. Michael Kelly, USAF (Ret), president of MOAA’s Kansas Council of Chapters and a 2022 recipient of MOAA’s Colonel Steve Strobridge Legislative Liaison Award. “We don’t want benefits to be diverted from those who earned them.”

Kelly joined fellow chapter leaders, MOAA members, and MOAA staff on April 15 in Washington, D.C., for Advocacy in Action, MOAA’s signature spring advocacy event. On the agenda: Passage of the Governing Unaccredited Representatives Defrauding (GUARD) VA Benefits Act (H.R. 1732), which would restore criminal penalties and protect veterans and survivors from predatory claims practices.

[TAKE ACTION: Ask Your Lawmakers to Stop Predatory Claims Agents]

State-Based Protections

While some states have passed legislation designed to offer these protections, others have moved forward with bills empowering the unaccredited agents.

In Kansas, a package of veteran-related legislation included a measure supported by for-profit claims agents “positioning themselves as the good guys,” Kelly said – promising regulations, but providing legal status to operate in the state despite federal guidance.

“The whole thing is to create legitimacy,” Kelly said.

Gov. Laura Kelly expressed overall support for the package but said the legislature “added a provision to this bill that would allow for-profit entities to prey upon unsuspecting veterans, charging them hefty fees for services those veterans can receive at no-charge from state-supported veterans’ service organizations.”

She called it a “poison pill provision” and vetoed the bill April 8. Michael Kelly said the bill was a single vote away from a veto-proof supermajority, and a follow-up measure that would’ve required state veterans services to coordinate with a group representing unaccredited claims agents died in committee by a similarly slim margin.

“This isn’t over,” Michael Kelly said. “They’re going to come back. They’re paying lobbyists.”

[RELATED: Advocacy in Action 2026]

Legislation in Louisiana to support unaccredited claims agents was declared unconstitutional by a federal court in February. States like California, Maine, New Jersey, and New York have passed legislation designed to curb predatory practices, in some cases based on state consumer protection law, but millions of veterans remain unprotected nationwide.

“Some states have moved in positive directions to support their veteran populations, and MOAA members have been at the front of some of those fights,” said Jen Goodale, MOAA’s director of Government Relations for Veteran and Retired Affairs. “But this is a federal issue involving the VA, and it needs a federal fix. That’s why we’re here backing the GUARD VA Benefits Act.”

Forty-four state attorneys general put their voices behind the legislation in a 2023 letter to lawmakers. No matter your state, you can add your voice to the cause at MOAA’s Legislative Action Center. Looking to find out more about state-level advocacy? Reach out to a nearby MOAA chapter.