FEBRUARY 2025 | 11 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. results in settlement or consent decrees in which the unaccredited individual agrees to cease providing unauthorized services to veterans. To overcome this statutory limitation and further its efforts to protect veterans, the VA has, since fiscal year 2018 and every year thereafter, proposed legislation that would reinstate the penalties for directly or indirectly charging or receiving any fee or compensation with respect to the preparation, presentation and prosecution of claims for VA benefits except as provided by law.26 IMPACT ON VETERANS Access to timely and qualified assistance is crucial for many veterans seeking benefits that can directly impact their quality of life. Delays in the claims process or inadequate or incompetent support in submitting their claims can lead or contribute to a veteran’s financial instability, mental health issues and sense of isolation, particularly for those who are from marginalized communities. The ADF program helps level the playing field of the complex world of veterans’ benefits. The combination of accredited representation, protective measures and transparent fees culminates in a significant empowerment of veterans in their pursuit of benefits. When veterans have confidence in their accredited representative and understand the costs involved, they are more likely to actively engage in the process to pursue benefits to which they are entitled. Active participation by veterans leads to better communication with their accredited representatives, which, in turn, helps ensure all relevant information is shared and included in their claim submissions. Moreover, veterans who feel empowered are more likely to advocate for themselves and other veterans. As a result, veterans are able to work effectively with their accredited representatives to develop comprehensive claims packages and strategies that address their specific needs and circumstances, ultimately leading to improved outcomes in their claims for benefits. CONCLUSION The ADF program is an essential component of the VA’s efforts to protect and serve veterans by combatting predatory practices that target veterans, particularly through offers of assistance in applying for VA benefits claims. By establishing rigorous standards for accreditation and ensuring accredited representatives adhere to a standard of conduct and are held accountable when failing to do so, the ADF program plays a crucial role in safeguarding veterans’ interests. As veterans navigate the challenging and often complex landscape of VA benefits claims, the ADF program serves to support them by ensuring they receive the competent and ethical assistance they deserve, which enhances their experience and increases their chances of receiving the benefits they have earned. The VA’s oversight and the disciplinary measures available through the ADF program serve as a safeguard for veterans. These measures act as a deterrent to fraudulent practices and unethical behavior and provide veterans with the peace of mind of knowing there are processes in place to protect them. Similar to the Oklahoma Bar Association’s goal to protect the public by licensing, investigating complaints against and prosecuting lawyers who have committed ethical violations, the ADF program seeks to protect veterans. Through its administration of the ADF program, the VA not only upholds the integrity of the claims process but also upholds its commitment to the well-being of veterans and their families. ABOUT THE AUTHOR Doris L. Gruntmeir is a senior executive with the U.S. Department of Veterans Affairs Office of General Counsel in Washington, D.C., where she serves as the chief counsel for personnel law. She received her J.D. from the OU College of Law in 2000. ENDNOTES 1. 38 U.S.C. §§5902-5904. 2. The next three examination dates will be Jan. 28, 2025; May 20, 2025; and Sept. 23, 2025. 3. As of April 19, 2023, the VA had 91 VA- recognized Veterans Service Organizations (VSOs) with 8,142 accredited VSO representatives, 5,445 accredited attorneys and 482 accredited claims agents. Testimony of David Barrans, https://bit.ly/3PoDpwi. 4. 38 C.F.R. §14.632. 5. 38 C.F.R. §14.632(d). 6. 38 C.F.R. §14.629(b)(1)(iii). 7. 38 C.F.R. §14.629(b)(1)(iv). 8. 38 U.S.C. §5904(c)(1); 38 C.F.R. §14.636(c) and (g). 9. Id. 10. 38 C.F.R. §14.636(e). 11. 38 U.S.C. §5904 (a)(5). 12. 38 C.F.R. §14.636(f)(1). 13. 38 C.F.R. §14.636(e)(1) and (2). 14. 38 C.F.R. §14.636(e)(2). 15. 38 C.F.R. §14.636(e)(1), (4) and (6). 16. 38 C.F.R. §14.636(g) and (h). 17. 38 C.F.R. §14.636. 18. 38 C.F.R. §14.633. 19. 38 C.F.R. §14.633(h). 20. 38 C.F.R. §14.633(c). 21. 38 U.S.C. §5905. 22. 38 C.F.R. §14.633(g). 23. 38 C.F.R. §14.633(i). 24. ReportFraud.ftc.gov. 25. 38 U.S.C. §5905(1) (2005); removed from the statute by Pub. L. No. 109-461, §101(g), 120 Stat. 3408. 26. S.740 GUARD Act; Testimony of David Barrans, https://bit.ly/3PoDpwi.
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