On July 31, 2024, Ohio Congresswoman Marcy Kaptur joined forces with twenty-eight (28) other Congressional Representatives and contacted the Department of Veterans Affairs (VA) Secretary Denis McDonough concerning PACT Act “scammers.”

The Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022 made it easier for veterans exposed to toxic substances to qualify for disability benefits.

However, “scammers” are charging exorbitant fees to veterans who seek assistance to file a PACT Act claim with the VA. In 2023, veterans lost more than $350 million to fraud schemes created by “claim predators.”

As of July 1, 2024, over 880,000 veterans and survivors across all 50 states, and U.S. territories, are now receiving new service-connected disability benefits. The VA has delivered more than $5.7 billion in earned benefits earned by disabled veterans.

The correspondence sent to top VA Secretary McDonough requested an update on what actions the VA was taking to protect beneficiaries from these unscrupulous actors. These “actors” defraud veterans’ disability entitlements by promising high disability ratings or unrealistic claim processing times in exchange for charging exorbitant fees.

Predatory practices by scammers include: charging high “consultant” fees; stealing a portion of a claimant’s VA benefits; or requiring binding contracts involving a percentage of a veteran’s benefit payment in exchange for assistance with a VA claim.

The most common PACT Act-related scams come via email and online ads claiming to help with the “Camp Lejeune Settlement.” The Camp Lejeune Justice Act, part of the PACT Act, allows veterans and their survivors to pursue compensation if they develop serious illnesses from water contamination at Camp Lejeune.

According to the Congressional Representatives letter, “We are outraged by these despicable acts and ask that you move expeditiously to impede these predators from taking advantage of the men and women who have sacrificed so much for our great nation.”

“Veterans and their families,” according to the elected officials, “deserve the utmost respect and we are committed to supporting them after their service and in our communities.”

“Veterans are twice as likely to unknowingly participate in a scam as the general population, and veterans often depend on the benefits they have earned for their daily expenses,” wrote Congresswoman Kaptur.

The twenty-nine (29) Representatives have listed six (6) questions for the VA Secretary to answer. However, the letter does not indicate a suspense date for the responses to be answered back to the Representatives.

My Opinion: Of the six (6) questions posed by the Representatives, only two (2) questions are within the scope and authority of the VA to act. Both questions deal with working in conjunction with Veterans Service Organizations (VSOs).

Congress has already introduced a bill that would have stopped many of the fraud actions by “Claim Sharks.” This bill is the Governing Unaccredited Representatives Defrauding (GUARD) VA Benefits Act, which would reinstate criminal penalties for persons charging veterans unauthorized fees relating to claims for benefits.

The GUARD Bill is endorsed by the American Legion; the Disabled American Veterans (DAV; and the Veterans of Foreign Wars (VFW), each organization consisting of one (1) million veterans. Currently, the House version of the bill (H.R. 1139) has 207 Representative co-sponsors and the Senate version of the bill (S. 740) has 53 co-sponsors.

Both Ohio Senators have co-sponsored S.740 and six (6) Ohio Congressional Representatives (Bill Johnson; David Joyce; Greg Lansman; Robert Latta; Max Miller; and Emilia Sykes) have co-sponsored the House version of the bill.

However, the voting on the passage of the GUARD bill is stalled in Congress by the Speaker of the House of Representatives. I believe the GUARD Bill will pass if a vote on it occurs.

Countless veterans have been swindled in the past from their just disability compensation by these “Claim Sharks” while the bill is languishing in Congress without a vote for passage. The GUARD VA Benefits Act must be passed this Congressional Session.

Failure to pass this bill will allow “Claim Predators” to continue to defraud veterans of the disability compensation to which they are entitled.

If you are a veteran and believe that you have been taken advantage of by “Claim Sharks,” impacting your disability benefits, would you please contact me at plahovinsak@msn.com.

BioSketch: John Plahovinsak is a retired 32-year Army veteran, who served from 1967 to 1999. He is on the Disabled American Veterans (DAV) Department of Ohio’s Legislative Committee and Adjutant of DAV Chapter #63 (Clermont County).