The VA said in a statement that it “actively works to prevent and identify individuals and businesses who take advantage of elderly veterans and their family members.” But when veterans are ensnared in the care coordination industry by operators which advocates label as “pension poachers,” the VA puts the onus on the veterans who signed the agreements.

The key issue raised by the VA, as well as defendants and legal experts, is the concept of undue influence—the idea of whether a company had a fiduciary relationship with an elderly veteran, what the veteran’s mental capacity was when they signed up, and whether they can prove they were manipulated.

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