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HOUSE DOCKET, NO. 3537 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3840
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Colleen M. Garry
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act fraudulent representation of an accredited veterans service officer, accredited agent or
attorney.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/17/2025 1 of 3
HOUSE DOCKET, NO. 3537 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3840
By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 3840) of Colleen
M. Garry relative to fraudulent representation of an accredited veterans service officer,
accredited agent or attorney. Veterans and Federal Affairs.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act fraudulent representation of an accredited veterans service officer, accredited agent or
attorney.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 –
2 I. A person is guilty of Fraudulent Representation of an Accredited Veterans Service
3Officer, Accredited Agent or Attorney if, such person does any of the following:
4 (a) Falsely represents themselves as an accredited Veterans Service Officer,, Claims
5Agent or Attorney to execute claims before the Veterans Administration.
6 (b) Charges any fee for services to assist in a claimant’s preparation, presentation and
7prosecution of claims for Veterans Benefits. (As defined by 38 CFR § 14.629)
8 (c) Charges any fee for “Consulting Services” relating to a claimant or interested party of
9the claimant. 2 of 3
10 (d) Solicits applicants of benefits from the Veterans Administration and charges a fee for
11such services.
12 (e) Knowingly refers applicants to an unaccredited Veterans Service Officer, Claims
13Agent or Attorney for which the referrer receives compensation either monetary or otherwise for
14the referral.
15 (f) If authorized to charge a fee as an accredited Claims Agent or Attorney but knowingly
16charges a fee above the maximum fee allowable by 38 CFR § 14:636.
17 II. Any person prosecuted under this section shall be reported to the Office of General
18Counsel for the Veterans Administration.
19 III. For the purposes of this section Veterans Administration shall include the following:
20Disability Compensation, Pension, (including DIC and Aid and attendance), Education, Home
21Loan, Health Care, Burial, Life Insurance, Small Business Support, Housing Grants,
22Employment Benefits.
23 IV. For the purposes of this section a claimant shall mean a person who has filed or has
24expressed to an intention to file a written application for determination of entitlement to benefits
25provided under title 38, United States Code, and implementing directives.
26 V. For the purposes of this section Consulting Services shall mean a person or
27organization that gives advice, instruction or review of a claimant’s eligibility or injuries as it
28relates to the filing of benefits before the Veterans Administration regardless if they assist in
29filing an application for benefits. 3 of 3
30 VI. Exemptions from this law shall apply to lines a through e; Accredited Claims Agents
31and Accredited Attorneys who have met the qualifications of accreditation by the Veterans
32Administration and are authorized at the time of the alleged infraction of this law to charge fees.
33 A fine of no less than $500 shall be imposed for each violation of this law.
34 All proceeds from enforcement shall go to 1410-0012 line item in Annual Budget for
35Veterans' Outreach Centers Including Homeless Shelters.