HOUSE CONCURRENT RESOLUTION 92
### (By Delegates Sheedy, Clay, T. Howell, Parsons, Kump, Anders, Jennings, Ellington, Ferrell, Mallow, and Statler)
[March 14, 2025; Referredto the committee on the Judiciary then Rules ]
Making it illegal to receive compensation for the preparation, presentation or prosecution of, or advising, consulting, or assisting a person with a veteran's benefits matter, except as permitted under federal law.
Whereas, A person may not receive compensation for preparation, presentation or prosecution of, or advising, consulting or assisting an individual with, a veteran's benefits matter, except as permitted under federal law. No person in this state may receive compensation for referring an individual to another person to prepare, present or prosecute, or advise, consult or assist the individual with, a veterans' benefits matter. No person in this state may guarantee, either directly or by implication, 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; or receive excessive or unreasonable fees as compensation for preparation, presentation or prosecution of, or advising, consulting or assisting an individual with, a veterans' benefits matter. The factors articulated in 38 Code of Federal Regulations, Section 14.636 (2024) govern determinations of whether a fee is excessive or unreasonable.
Whereas, any person seeking to receive compensation for preparation, presentation or prosecution of, or advising, consulting or assisting an individual with, a veterans' benefits matter shall, before rendering any services, memorialize in a written agreement signed by both parties that adheres to all criteria specified in 38 Code of Federal Regulations, Section 14.636 (2024) all terms regarding the individual's payment of fees for services rendered.
Resolved by the Legislature of West Virginia:
That it is unconscionable to receive compensation for the assistance of a veteran with a veteran's application for veterans' benefits unless in accordance with federal law.
Further Resolved, that veterans shall be protected from the practice of requiring payments to receive assistance with their applications for veteran's benefits.