"Federal Circuit Upholds New Background Check Regulations but Invalidates VA’s Authority to Inspect Attorneys and Agents Use of Remote Access to VA Systems"

Swift Currie associate Max Yarus was recently featured as an author in the June 2025 publication of the Veterans Law Journal, a quarterly publication of the court of appeals for the Veterans Claims Bar Association. His article is titled, "Federal Circuit Upholds New Background Check Regulations but Invalidates VA’s Authority to Inspect Attorneys and Agents’ Use of Remote Access to VA Systems."

In Military-Veterans Advocacy v. Secretary of Veterans Affairs, the Federal Circuit considered the validity of two regulations related to how veterans’ representatives access electronic claim files through VA systems. The court upheld the VA’s authority to require background checks for remote access, citing proper statutory grounding and supporting risk assessments. However, it invalidated a separate rule allowing VA to inspect the physical devices and locations used for access, finding the regulation overreached the agency’s authority and lacked a sufficient risk-based justification.

“This decision draws a firm line between appropriate agency oversight and overbroad regulatory intrusion,” said Yarus. “It reaffirms the VA’s role in protecting sensitive information while ensuring veterans’ representatives are not subject to unreasonable inspections.”

Click here to read the full publication (for this article, please see page 18).