The Certified Help Options in Claims Expertise for Veterans Act of 2025, or the CHOICE for Veterans Act of 2025, significantly amends title 38, United States Code, to allow accredited agents and attorneys to charge fees for services rendered in the preparation, presentation, and prosecution of initial claims and certain supplemental claims for benefits under laws administered by the Secretary of Veterans Affairs. This marks a notable change from previous restrictions on charging fees for initial claims. The legislation aims to expand options for veterans seeking assistance with their claims. Under the new provisions, fee agreements for initial or supplemental claims must be contingent on a favorable resolution for the claimant. The total amount payable by the claimant to the agent or attorney is capped at the lesser of $12,500 (adjusted for inflation) or five times the monthly increase in benefits awarded. Furthermore, payment cannot be required before the claimant receives notice of the agency's decision, and a standard form, developed by the Secretary, must be used, informing claimants that recognized organizations offer free services. The bill includes several protections for claimants and restrictions on representatives. Agents and attorneys are prohibited from charging fees for claims involving presumed service-connected disabilities or for claims filed while the claimant is on active duty . They also cannot charge fees if a supplemental claim's delay was solely due to their actions, or if another individual from the same organization previously charged for the initial claim. Additionally, agents and attorneys cannot prohibit a claimant from terminating their representation agreement before a decision is rendered. To enhance transparency and oversight, the Secretary of Veterans Affairs is mandated to provide claimants with notice about the availability of accredited persons and free services from recognized organizations. The VA must maintain a publicly accessible website listing accredited persons and a system for reporting unaccredited individuals charging fees. Web portals for filing claims will also include warnings about potential fees. The legislation introduces new grounds for suspending or excluding agents and attorneys, including failure to protect client data under HIPAA, selling personally identifiable information, or referring claimants to business-affiliated medical professionals for a fee. It also prohibits the use of overseas call centers for claim assistance. New penalties are established for charging unauthorized fees, including fines and bars from recognition for violations during conditional or temporary recognition periods. The Act requires the Comptroller General to review the VA's process for recognizing agents and attorneys and submit recommendations for improvement. The Secretary must also publish the necessary knowledge test for recognition and update continuing legal education requirements. Finally, the bill extends certain limits on pension payments to April 30, 2032, and explicitly states that its provisions preempt any inconsistent state laws.
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Timeline
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Committee Consideration and Mark-up Session Held
Ordered to be Reported by the Yeas and Nays: 12 - 11.
Ordered to be Reported by the Yeas and Nays: 12 - 11.
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Committee Consideration and Mark-up Session Held
Ordered to be Reported by the Yeas and Nays: 12 - 11.
Ordered to be Reported by the Yeas and Nays: 12 - 11.
Armed Forces and National Security
Administrative law and regulatory proceduresCivil actions and liabilityCongressional oversightDepartment of Veterans AffairsFederal preemptionGovernment information and archivesGovernment studies and investigationsInternet, web applications, social mediaLawyers and legal servicesLegal fees and court costsUser charges and feesVeterans' pensions and compensation
CHOICE for Veterans Act of 2025
USA119th CongressHR-3132| House
| Updated: 5/19/2025
The Certified Help Options in Claims Expertise for Veterans Act of 2025, or the CHOICE for Veterans Act of 2025, significantly amends title 38, United States Code, to allow accredited agents and attorneys to charge fees for services rendered in the preparation, presentation, and prosecution of initial claims and certain supplemental claims for benefits under laws administered by the Secretary of Veterans Affairs. This marks a notable change from previous restrictions on charging fees for initial claims. The legislation aims to expand options for veterans seeking assistance with their claims. Under the new provisions, fee agreements for initial or supplemental claims must be contingent on a favorable resolution for the claimant. The total amount payable by the claimant to the agent or attorney is capped at the lesser of $12,500 (adjusted for inflation) or five times the monthly increase in benefits awarded. Furthermore, payment cannot be required before the claimant receives notice of the agency's decision, and a standard form, developed by the Secretary, must be used, informing claimants that recognized organizations offer free services. The bill includes several protections for claimants and restrictions on representatives. Agents and attorneys are prohibited from charging fees for claims involving presumed service-connected disabilities or for claims filed while the claimant is on active duty . They also cannot charge fees if a supplemental claim's delay was solely due to their actions, or if another individual from the same organization previously charged for the initial claim. Additionally, agents and attorneys cannot prohibit a claimant from terminating their representation agreement before a decision is rendered. To enhance transparency and oversight, the Secretary of Veterans Affairs is mandated to provide claimants with notice about the availability of accredited persons and free services from recognized organizations. The VA must maintain a publicly accessible website listing accredited persons and a system for reporting unaccredited individuals charging fees. Web portals for filing claims will also include warnings about potential fees. The legislation introduces new grounds for suspending or excluding agents and attorneys, including failure to protect client data under HIPAA, selling personally identifiable information, or referring claimants to business-affiliated medical professionals for a fee. It also prohibits the use of overseas call centers for claim assistance. New penalties are established for charging unauthorized fees, including fines and bars from recognition for violations during conditional or temporary recognition periods. The Act requires the Comptroller General to review the VA's process for recognizing agents and attorneys and submit recommendations for improvement. The Secretary must also publish the necessary knowledge test for recognition and update continuing legal education requirements. Finally, the bill extends certain limits on pension payments to April 30, 2032, and explicitly states that its provisions preempt any inconsistent state laws.
Administrative law and regulatory proceduresCivil actions and liabilityCongressional oversightDepartment of Veterans AffairsFederal preemptionGovernment information and archivesGovernment studies and investigationsInternet, web applications, social mediaLawyers and legal servicesLegal fees and court costsUser charges and feesVeterans' pensions and compensation