Carpenter v. McDonough, Case Number 19-1136, decided February 24, 2021 involves how the VA provides electronic access to non-accredited law firm support staff. The VA currently denies such access and the Court affirmed.
The VA uses a case management system called VBMS which provides an accredited agent or attorney who is representing a veteran, a look at the electronic claims folder. The VA denies access to it to unaccredited paralegals and staff. Two law firms with a deep history of VA benefits challenged the regulation, which resulted in this decision. The Court accepted the VA’s decision to bar non-accredited law firm support staff from using VBMS finding the law firms had not proven they were prejudiced by such denial.
This is a decision with limited interested to most veterans, but in some capacity shows the Court will defer to a VA decision supported by a decent rationale.
Decision by Judge Falvey and joined by Judges Greenberg and Meredith.
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