Mass. Gen. Laws ch. 115 § 18

Current through Chapter 223 of the 2024 Legislative Session

Section 115:18 - [Multiple versions] Compensation prohibited in veterans benefits matters

(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Compensation", payment of any money, thing of value or financial benefit.

"Person", an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

"Veterans benefits matter", the preparation, presentation or prosecution of any claim affecting any person who has filed or expressed an intent to file a claim for any benefit, program, service, commodity, function or status, entitlement to which is determined under the laws and regulations administered by the United States Department of Veterans Affairs or Department of Defense pertaining to veterans, their dependents, their survivors and any other individual eligible for such benefits.

(b) In regard to a veterans benefits matter, no person shall:

(i) receive compensation for:

(A) preparation, presentation, prosecution, advising, consulting or assisting any individual with regard to any veterans benefits matter, except as permitted under federal law; or

(B) referring a veteran to another person to prepare, present, prosecute, advise, consult or assist such veteran with any veterans benefits matter;

(ii) guarantee, either directly or by implication, that any individual is certain to receive specific veterans benefits or that any individual is certain to receive a specific level, percentage or amount of veterans benefits; or

(iii) receive excessive or unreasonable fees under 38 C.F.R 14.636(e) as compensation for advising or assisting any veteran with any veterans benefits matter.

(c) A violation of this section shall also be a violation of chapter 93A.

Mass. Gen. Laws ch. 115, § 115:18

Added by Acts 2024, c. 178,§ 47, eff. 8/8/2024.