I grew up in a military household. As a daughter and sister of veterans, and someone who made a career working in U.S. military strategy and serving government agencies, I’ve spent my entire life around those who wear the uniform.
That’s why I’m deeply concerned about a recent federal court ruling that affects not only veterans themselves, but the families, doctors, caregivers, and community advocates who help those veterans navigate the VA's complicated benefits system.
A federal judge issued a ruling on May 20th, effectively stating that individuals acting as “agents” in the preparation of veterans’ disability claims must be accredited with the U.S. Department of Veterans Affairs. In this case, the court ruled that consulting firm Veterans Guardian didn’t have the legal authority to assist veterans with preparing and filing VA claims because it wasn’t officially VA-accredited, as federal law requires.
That law exists, in part, to provide veterans free claims assistance through VA-accredited Veterans Service Organizations (VSOs) such as the American Legion, VFW, and county veterans service officers. But perhaps quite concerningly, it also helps the accredited trial attorneys, who make a lot of money handling those claims, by eliminating the competition.
Under the ruling’s logic, virtually anyone assisting a veteran with a claim could be considered an unaccredited agent. This includes the attorney family friend who helps a sick, elderly, or disabled veteran navigate paperwork, or the private physician who provides supporting medical or disability-related documentation. It could be mental health professionals, congressional caseworkers, caregivers, and any other community members who help veterans access benefits.
Or perhaps, as a veteran family member, even I.
This ruling limits the options veterans have when seeking assistance, but it also protects a narrow set of entrenched interests by using regulatory barriers to remove alternative sources of assistance. The current VA framework benefits bureaucracy while doing little to protect the veterans it’s designed to serve.
In this case, the court sided against Veterans Guardian under existing federal rules. Yet the court also noted that Veterans Guardian has “standard” contract practices and was transparent with its clients about being unaccredited with the VA. Many veterans turned to Veterans Guardian because the company helped them navigate a VA process that they found confusing, frustrating, and difficult to complete on their own. And that’s the problem: While the court’s immediate target appears to be private consultants like Veterans Guardian, the ruling creates broader, chilling implications for those who wear the uniform.
The real question isn’t how the court interpreted the law; it’s why organizations that help guide veterans through the overwhelming process of applying for VA benefits are being shut out in an environment where hundreds of thousands of veterans are currently waiting for healthcare services.
I personally watched veterans struggle to access VA benefits when my father, an Army Judge Advocate General, served as chief counsel for the California Department of Veterans Affairs. The barriers veterans face when applying for VA disability are immense: a bureaucratic maze rife with delays, provider shortages, and administrative red tape. And that’s if veterans are lucky enough to have a VA hospital or clinic nearby.
An estimated 75,000 veteran disability benefit claims are currently pending in the backlog. Those numbers represent real, suffering American heroes.
As a result of this recent ruling, more veterans may find themselves navigating an already complicated system with fewer sources of assistance. This is especially concerning when you consider that nearly two-thirds (61 percent) of veterans who died recently by suicide weren’t receiving VA healthcare in the last year of their lives. At a time when too many veterans remain disconnected from the services and support available to them, policymakers should be looking for ways to help veterans access benefits — not creating additional barriers.
The Trump Administration’s pro-veteran goals are being undermined by this current system.
Congress can help solve this by passing the CHOICE Act, which would allow people like me to guide veterans through the VA claims process. In other words, people who are qualified to help but are not endlessly waiting for the VA to approve their paperwork. The solution should always be modernizing the rules so veterans can easily access the benefits to which they’re entitled.
Our veterans deserve choice, access, and assistance from trusted individuals in their communities. Limiting their options for the sake of bureaucratic protectionism is no way to serve those who have served us.