Buffalo, NY (WBEN) New York's GUARD VA Benefits Act took effect about 90 days ago, making it a crime to charge a veteran for help with a VA disability claim outside what federal law allows. One attorney says there's a free federal database that tells a veteran whether someone offering to help is legally allowed to charge for it, but almost everyone searches it wrong. They type in a company's name, get nothing, and assume the tool is broken. It isn't — the VA accredits individual people, never businesses.
Tim Hiller of Hiller Comerford says federal law has always been very clear that unaccredited VA reps are violating the law, but there's been no enforcement mechanism under federal law to actually enforce that. "What some states, including New York, are doing now is they're attempting to fill in that gap by adding enforcement mechanisms under state law. And so what this law does is it makes it a criminal act to be an unaccredited claims rep, and it also creates potential monetary penalties, either by an action from the attorney general or from veterans who have been wronged by these unaccredited reps themselves in a private right of action," explains Hiller.
Hiller says this has become big business. "If you're a veteran on TikTok, chances are your TikTok feed is being flooded with very professional-looking individuals who claim to have the secret to getting you rated," notes Hiller. "These are companies that are making lots of money, not just here in New York, but all around the country. and it's really caused a flood of claims to be filed, number one, and filed in incorrect ways, and so it's creating a a big problem for veterans."
New York’s GUARD VA Benefits Act (Chapter491 of 2025) took effect roughly 90 days ago, making it a Class A misdemeanor to charge a veteran for VA claims help outside what federal law permits. The law passed the State Senate 62–0 and was signed on November 5, 2025. It also created civil penalties of up to $10,000 per violation and gave veterans a private right of action — actual damages or $2,500, whichever is greater, plus attorney’s fees — against anyone who charged them unlawfully.
Hiller notes an attorney cannot charge for an initial filing. "You can always fire your whoever's representing you for your VA claim. You have an absolute right to be represented by whoever you want. So you can fire the you know the unaccredited rep, and then if they're insisting that you pay them money, notwithstanding that, then you can bring you know you can contact a consumer attorney to go after these companies and and help you get you know get out of any enforcement claims they may be making against you," adds Hiller.
VA accredits people, not businesses says attorney Tim Hiller
VA accredits people, not businesses says attorney Tim Hiller
