VA Pension Poaching: How to Spot It and Get Free Claims Help

If a free seminar or an urgent phone call ended with an offer to file your family's VA pension claim for a fee, you don't have to pay it. The Department of Veterans Affairs says no one can charge a claimant for preparing or filing an application for VA benefits without violating the law, so help applying for VA pension is free.1 VA calls the scam behind many of these offers VA pension poaching, a financial scam targeting veterans, survivors, and their families who are potentially eligible for VA benefits.2

In This Guide

• What VA Pension Poaching Is, and Who This Guide Is For
• Who Can Help You File a VA Pension Claim for Free
• How to Check That a Helper Is VA-Accredited
• What an Accredited Agent or Attorney May Charge, and When
• How VA Pension Poaching Works
• Why Moving Assets to Qualify Can Backfire
• Warning Signs of VA Pension Poaching
• Already Talked to One? Where to Report It
• Frequently Asked Questions
• Learn More

What VA Pension Poaching Is, and Who This Guide Is For

Maybe your dad came home from a free benefits lunch with an adviser's business card and a plan to move his savings "so he qualifies." Maybe your mom, a veteran's widow, got a voicemail saying her VA profile was flagged. If something about it felt off, trust that instinct. Wanting to check isn't rude or paranoid.

VA's Pension Poaching FAQ (April 2025) defines VA pension poaching as "a financial scam targeting Veterans, survivors, and their families who are potentially eligible for VA benefits."2 VA's Veterans Benefits Administration says fraudsters use pension poaching scams to target veterans who are age 65 or older, their families, caregivers, and their survivors.2

This guide is for anyone helping an older veteran or a surviving spouse apply for VA pension, the Aid and Attendance add-on, or the Survivors Pension. It covers who can lawfully help you file and what they may charge, how the poaching scheme works, and where to report it. For whether your family qualifies and what the benefit pays, start with our guides to the Veterans Pension and Aid and Attendance, or the broader guide to VA benefits for seniors.

Who Can Help You File a VA Pension Claim for Free

You don't have to pay anyone to apply, and you don't have to do it alone. The Department of Veterans Affairs does not charge to process applications for benefits and services, and VA says no one can charge a claimant for preparing or filing an application for VA benefits without violating the law.1 VA's Veterans Benefits Administration puts it plainly: "You should never pay anyone a fee to file an initial claim for benefits."1

Federal law also limits who may act on a VA claim. Under 38 U.S.C. 5901(a), with one exception written into the statute, no individual may act as an agent or attorney in preparing, presenting, or prosecuting a claim for VA benefits unless VA has recognized that individual for that purpose.1 The practical point for your family: anyone acting on a VA pension claim should be someone VA has recognized. VA accredits three kinds of helpers for VA benefit claims:1

• Veterans Service Organization (VSO) representatives: VA's Pension Poaching FAQ says VA-recognized VSOs and their representatives always provide their services on benefit claims free of charge.
• Claims agents: VA-accredited claims agents may not charge for work on an initial VA benefits claim.
• Attorneys: VA-accredited attorneys, like claims agents, may not charge for work on an initial VA benefits claim.1

For most families filing a first VA pension or Aid and Attendance claim, a free VSO representative is a sensible place to start.

How to Check That a Helper Is VA-Accredited

Before you hand anyone a parent's bank statements or account numbers, look them up. VA's Office of General Counsel keeps a searchable list of accredited VSO representatives, claims agents, and attorneys.1 VA's Veterans Benefits Administration advises that, to protect yourself from fraudulent claims, you can verify a VA-accredited representative's credentials before filing a claim or providing personal information.1

A friendly manner, a veteran's cap, or a seminar at a familiar place doesn't tell you whether someone is accredited. The list does. If the person isn't on it, ask why before going any further: under 38 U.S.C. 5901, only individuals VA has recognized may act as an agent or attorney on a VA claim, whatever title is on their business card.1

What an Accredited Agent or Attorney May Charge, and When

If someone has already quoted your family a fee, this is the rule to hold it against. Under 38 U.S.C. 5904(c)(1), a fee may not be charged, allowed, or paid for a VA-accredited agent's or attorney's services on a VA benefits claim provided before the claimant receives notice of VA's initial decision on the case.1 The only exception written into 38 U.S.C. 5904(c)(1)'s ban on fees before VA's initial decision is for VA home-loan cases, and that ban does not apply to fees for proceedings before a court.1

VA's Pension Poaching FAQ answers the financial-planner question directly. Asked whether an accredited attorney or claims agent who is also a financial planner can charge a fee for preparing a claim for pension or survivors' benefits, VA says an accredited attorney or claims agent may generally charge a fee only after a VA Regional Office has issued a decision on a claim, and the attorney or agent has filed a power of attorney and a fee agreement with VA.1

After VA decides a claim, paid help becomes lawful for specific work. VA's Veterans Benefits Administration says only VA-accredited attorneys and claims agents may charge a fee to:1

• Consult with or advise VA claimants seeking review of, or appealing, their claims
• Collect evidence for a supplemental claim or an appeal
• Prepare and file a supplemental claim
• Submit a request for higher-level review
• Submit an appeal to the Board of Veterans' Appeals1

Two protections come with that paid help. Under 38 U.S.C. 5904(c)(2), an agent or attorney who represents a VA claimant after notice of the initial decision must file a copy of any fee agreement with VA.1 Under 38 U.S.C. 5904(c)(3)(A), VA may review a filed fee agreement on its own or at the claimant's request, and may order the fee reduced if VA finds it excessive or unreasonable.1 If a VA pension claim was denied and you're weighing your options, our Veterans Pension guide walks through what comes next.

How VA Pension Poaching Works

It helps to know that these schemes are built to feel trustworthy. Nobody falls for them because they're careless. They fall for them because the pitch arrives wrapped in patriotism and kindness, often when a family is already exhausted.

VA says pension poachers profit by falsely helping veteran claimants artificially qualify for VA pension benefits, and the scheme often involves advising the claimant to hide assets in trusts or annuity products the adviser presents.2 The Federal Trade Commission described the same pattern in a 2013 warning to veterans: unscrupulous lawyers, financial planners, and insurance agents advise veterans over 65 to transfer assets to a trust, or to invest in insurance products, so they can qualify for Aid and Attendance benefits.2

Here's how VA pension poaching tends to reach families:

• Free seminars. The FTC says these offers usually involve a free seminar, often at assisted living facilities, senior centers, or other places in the community.2
• Shared-identity appeals. The FTC warns that these advisers may claim to be veterans themselves and appeal to emotions to get a family to act.2
• Urgent calls and voicemails. VA's Pension Poaching FAQ quotes one scam voicemail: "Your VA profile was flagged for two potential benefits to the changes in the VA program. These are time sensitive entitlements. Please call us back at your earliest convenience."2
• Low-fee or guaranteed-result offers. VA says to be wary of callers stating they can help file a VA pension claim for a minimal fee or guarantee a percentage of the benefits a claimant will be granted.2

There's also a caregiver version. VA says pension poaching can involve a caregiver who requires that the veteran or survivor have VA benefits deposited into the caregiver's bank account.2 VA says VA benefits should go directly to the beneficiary, and advises against depositing VA benefits into any family member's or caregiver's bank account unless that person is a court-appointed or VA-accredited fiduciary.2

Why Moving Assets to Qualify Can Backfire

If an adviser has told you that "repositioning" a parent's savings is just paperwork, this is the part they may have skipped. VA pension has a net worth limit, and VA checks how money moved before a claim.3

VA says the advice can backfire and disqualify VA pension claimants from needed benefits, or tie up their savings in investments that earn lucrative fees for the advisers.2 Here's why, under VA's own rules:

• VA looks back 36 months. Under 38 CFR 3.276, VA reviews the terms and conditions of asset transfers made in the 36 months before VA receives an original VA pension claim, or a new claim after a period of non-entitlement.3
• An annuity or trust usually counts as a transfer. Under 38 CFR 3.276, a voluntary transfer to, or purchase of, a trust, annuity, or other financial instrument counts as a transfer for less than fair market value unless the VA pension claimant can show the ability to liquidate the entire balance for their own benefit, in which case VA simply counts it as net worth.3
• The whole amount moved into the product can count. For a trust, annuity, or other financial instrument, 38 CFR 3.276 defines the uncompensated value as the whole amount transferred into it.3
• A penalty can last up to 5 years. When a VA pension claimant transfers a covered asset during the look-back period, VA assesses a penalty period of no more than 5 years, during which VA pays no pension.3
• Benefits paid in error must be repaid. VA says that if VA pension benefits are approved and VA later determines that eligibility did not exist, the claimant will be required to repay those benefits to the government.2

Not every transfer triggers a VA pension penalty, which is exactly why the details matter. Under 38 CFR 3.276, a transfer is a covered asset only if the asset was part of net worth, was transferred for less than fair market value, and would have caused or partly caused net worth to exceed VA's limit had it not been transferred.3 From December 1, 2025, through November 30, 2026, the VA pension net worth limit is $163,699.3 Our guide to the VA pension net worth limit and 3-year look-back works through the penalty math step by step.

The damage can reach past VA, too. The FTC warned in 2013 that following advice to move assets into a trust or insurance product to qualify for VA Aid and Attendance could cost a veteran eligibility for Medicaid services and the use of their money for a long time, plus fees the FTC said ranged from hundreds to thousands of dollars.2

Warning Signs of VA Pension Poaching

You don't need to know the regulations by heart. Hold any offer up against this list, drawn from VA's and the FTC's own warnings:

• Someone offers to file your VA pension claim for a fee, even a "minimal" one.2
• Someone guarantees you a percentage of the benefits you'll be granted.2
• Someone offers to move assets around so you'll qualify for VA pension, which VA says may leave you having to repay benefits.2
• The plan involves buying a trust or annuity product the adviser is selling.2
• You're asked to sign a blank form someone else will fill out later. VA's advice: never, ever do this.2
• A caregiver wants VA benefits deposited into the caregiver's own bank account without being a court-appointed or VA-accredited fiduciary.2
• The helper isn't on VA's accreditation list.1
• You feel rushed. The FTC says to consider any pressure to act fast as your cue to say no.2

Slowing down is allowed. The FTC's advice to veterans is to take your time, do some research, and consider all your options, including doing nothing.2

Already Talked to One? Where to Report It

If your family already sat through the pitch, signed something, or moved money, please don't carry that as a failure. These pitches are built to persuade. What matters now is getting accurate help and putting what happened on the record.

VA's Pension Poaching FAQ lists these places to report VA pension poaching:2

• VA National Call Center: 1-800-827-1000
• Federal Trade Commission: ReportFraud.ftc.gov
• Your state attorney general: find yours at usa.gov/state-attorney-general
• VA's Inspector General: va.gov/oig2

VA's fraud-prevention page adds one more route: if you suspect a representative acted unlawfully or unethically while helping you file a VA benefits claim, VA says you can file a report by calling 833-38V-SAFE.2

A report can matter for the VA pension claim itself. Under 38 CFR 3.276, an asset transferred as the result of fraud, misrepresentation, or an unfair business practice related to the sale or marketing of financial products for the purpose of establishing VA pension entitlement is not treated as a covered asset, and evidence for that exception may include a complaint filed at the time with state, local, or federal authorities.3 Under the same regulation, if covered assets are returned to the VA pension claimant before the date of claim, or within 60 days after VA's notice of its penalty decision, VA will recalculate or eliminate the penalty period, provided VA receives the evidence within 90 days of that notice.3

Then get a free, accredited second opinion before anything else is filed. A VSO representative from VA's accreditation list can help you with the VA pension claim itself, free of charge.1

Learn More

Not sure whether an offer your family got is legitimate? Find personalized help sorting out VA pension claims help from pension poaching at brevy.com.

The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.