"It is the duty of the people to care for him who shall have borne the battle, his widow, and orphan."
-Abraham Lincoln

Monday, March 8, 2021

Carpenter: Electronic Access for Law Firm Support Staff

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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