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New Florida Law Shakes Up VA Disability Benefits: What Veterans Need to Know
A significant new law has been passed and signed in Florida, one of the top three states for veterans, and it’s set to change the landscape for VA disability legislation and benefits. While seemingly aimed at protecting veterans, this law has sparked a lot of discussion about its true impact and who it ultimately benefits. If you’re a veteran, this legislation could affect you, even if you don’t live in Florida, as it represents a major milestone in VA disability policy.
The new Florida law, signed by Governor Ron DeSantis, broadly aims to enhance long-term and mental healthcare for Florida veterans, and critically, to protect them from what’s known as “claim sharking.” The state defines “claim sharking” as unaccredited organizations that charge fees or percentages of veterans’ benefits for assistance with VA claims, often using predatory tactics and false promises. To combat this, the law bans referral kickbacks and misleading guarantees, and it sets limits on what these providers can charge. They can only be paid if they secure a real increase in benefits for the veteran, and even then, their fees are capped. Violators in Florida will now face stricter penalties.
However, not everyone agrees that this new legislation truly protects veterans. Some argue that despite its stated goals, the law inadvertently supports “actual claim sharks” by redefining the term itself. The concern is that the new definition and fee structure, which includes a minimum charge (e.g., compensation may not exceed the lesser of four times the monthly increase or $12,500), are crafted to benefit large companies that have lobbied extensively. These companies, it’s suggested, have effectively reframed the original definition of “claim shark,” which traditionally referred to entities charging exorbitant fees, to exclude themselves. The argument is that companies that charge massive fees based on future benefits are the real “claim sharks,” and this law makes such practices legal within Florida.
Understanding the “claim shark” term is crucial. It was originally coined by organizations like the VFW to describe those charging excessive fees. The current debate suggests that influential companies have worked to redefine this term, positioning themselves as legitimate while pushing legislation that puts them in a position to profit significantly, potentially even preventing others from undercutting their prices. The core concern is that the legislation might not be for the veteran’s benefit, but rather for the profit of these companies.
For veterans seeking assistance with their VA claims, it’s vital to know your options. Free accredited resources, such as Veteran Service Officers (VSOs), are available and should always be your first choice. These officers are equipped to help you navigate the VA claims process without charge.
For those whose situations might be more complex or who haven’t found success with traditional avenues, alternative services exist. For instance, “TheCivDiv” offers a one-on-one, evidence-based VA claim service designed to help veterans. They emphasize a transparent, step-by-step process focused on evidence and personalized support. Their five-step approach covers:
- Increases: Reviewing current connections for potential rating increases.
- Secondary Claims: Exploring additional conditions linked to existing service-connected disabilities.
- Denials: Analyzing previous denials to determine the best path forward, whether through new evidence or higher-level reviews.
- New Claims: Identifying and assisting with direct service-connected claims you might have missed.
- Presumptives & Exposure: Guiding veterans through presumptive conditions (like those under the PACT Act) and claims related to military exposures, ensuring proper documentation and connection to current diagnoses.
This service is distinct in its commitment to not recommend claim submissions without evidence, focusing on a flat, one-time fee rather than percentages of future benefits. They stress that their service is for those who may need a different approach after exploring free options, offering a comprehensive, individualized consultation.
Ultimately, staying informed about VA disability legislation and understanding the available resources, both free and paid, is key to navigating your benefits journey successfully. Always prioritize free, accredited options first, and if considering paid services, understand their fee structures and methodologies thoroughly.
Tags: VA disability, Florida veterans, claim sharking, veteran benefits, new law, Ron DeSantis, VA claims, veteran services, PACT Act, evidence-based claims, veteran advocacy, disability legislation, veterans’ rights, military benefits