(The Center Square) – High profile Republican attorneys in Texas have sued the Trump administration over restrictions that prevent veterans from paying for private assistance when preparing their initial disability benefits claims.
They are hoping the Trump administration will reverse a decades-long policy they argue hurts veterans and delays claim adjudication.
“This problem has existed since the late 1980s when Congress enacted the Veterans’ Judicial Review Act,” Anthony Rodregous, Partner at Stone Hilton, PLLC, told The Center Square. “It is shameful that veterans must fail before seeking help. We are squarely addressing this deficiency to benefit all veterans.”
Stone Hilton sued in U.S. District Court for the Northern District of Texas on behalf of Austin-based Patriot Claims LLC, doing business as VetClaims.ai, and Texas resident, Marine Corps veteran Joseph Johnson. The Department of Veterans Affairs and its secretary are named as defendants.
USMC veteran Johnson, who lives in Randall County in the Panhandle, served in active duty from 2011 to 2014. He is suing the VA after having issues with disability claims he filed for seven claimed conditions and four secondary conditions.
VetClaims.ai was founded by Purple Heart veteran Lukas Simianer, who enlisted in the U.S. Army at age 17. As a paratrooper serving in the 82nd Airborne Division, he was deployed to Afghanistan and wounded in combat at 19.
When he returned home, he says he came back to a system that was structurally incapable of helping him with a range of issues. He ended up homeless and living in his car with his dog. As he worked labor jobs, his disability claims with the VA went nowhere, he said. Despite this hardship, he put himself through nursing school, taught himself to write software and built his first company to help blind and low-vision individuals.
He then created VetClaims.ai to help veterans process disability claims, a service he says he wishes had existed when he needed it. The company provides educational resources, technology and individualized guidance to help veterans prepare their own disability claims.
It has assisted more than 80,000 veterans to obtain hundreds of millions of dollars in benefits without taking a cut like other entities. Accredited attorneys and agents who assist veterans with claims after the VA makes a decision on their claim can charge a fee of up to 33% of back pay. Percentage-based consultants also provide services. Some nonprofits provide free services.
VetClaims.ai takes a different approach. It charges a flat fee up front to assist veterans with completing and filing their claims. It doesn’t file claims or communicate with the VA on veterans’ behalf. Veterans maintain control of their claims throughout the entire process.
At issue is federal law, U.S. Code 38 sections 5904(c)(1), (d) and 5901(a), which prohibit individuals from acting as agents or attorneys to help veterans prepare disability claims.
The law was created to prevent fraud but the VA has turned what Stone Hilton refers to as a shield to protect from fraud “into a sword” against veterans. The law prohibits assistance for “paid help even for claims veterans sign and file themselves” until after the VA decides the claim after a quagmire of bureaucratic delays and “procedural pitfalls,” the lawsuit alleges.
The VA has used the section of the law to prohibit anyone from helping veterans file their disability claims “even when that help is nothing more than speech the First Amendment protects—unless the VA first grants permission,” the lawsuit alleges.
The complaint argues the VA exceeded its statutory authority and its misinterpretation of the law violates veterans’ First and Fifth Amendment rights and the Administrative Procedures Act.
“The current disability regime leaves veterans behind by forcing them to navigate a labyrinth to obtain the benefits to which they are entitled,” Stone Hilton chair Judd Stone said. The VA’s interpretation of federal law unlawfully restricts protected speech, veterans’ freedom of choice, and access to assistance, he adds.
Stone Hilton founding partners Chris Hilton and Judd Stone previously served as defense counsel for Attorney General Ken Paxton during his impeachment trial and won.
Hilton previously served as Chief of General Litigation in the Office of Attorney General. Stone was the former Solicitor General of Texas.
According to a 2025 Texas Workforce Investment Council report, Texas has the largest veteran population of all states of nearly 1.5 million.
This article was originally published by The Center Square and is republished under its open-access guidelines.