Washington, D.C. – April 24, 2025 – The National Association for Veterans Rights (NAVR) welcomes the landmark ruling issued by the U.S. Court of Appeals for the Third Circuit in Veterans Guardian v. Platkin, as a powerful affirmation of Veterans’ constitutional rights, and a direct challenge to misguided efforts to limit their freedom of choice.
The unanimous decision vacates a lower court ruling and strongly questions the constitutionality of New Jersey’s so-called GUARD Act, which blocks Veterans from compensating private professionals for help filing initial VA disability claims. The court ruled that such restrictions likely violate the First Amendment, stating unequivocally: “Laws that ban charging for speech burden the right to speak.”
“This decision is a long-overdue course correction,” said Peter O’Rourke, NAVR President and former Acting Secretary of the U.S. Department of Veterans Affairs (VA). “For years, our members have warned lawmakers that restricting a Veteran’s right to choose support is not only bad policy, it’s unconstitutional. Now, the courts agree.”
The opinion, written by Judge Bibas and joined by Judges Krause and Scirica, criticizes New Jersey’s failure to justify its ban on pre-appeal compensation, noting that the state presented no evidence that such fees contribute to fraud. The panel included judges appointed by Presidents Bush, Obama, and Trump, underscoring the bipartisan consensus behind the ruling.
The case was brought by Veterans Guardian, a national VA claim consulting firm and NAVR member company, alongside two New Jersey Veterans. This is a turning point for thousands of Veterans in the Third Circuit covering New Jersey, Pennsylvania, and Delaware. It underscores the urgent need for Veterans to access professional support when navigating a VA system that processed over 2 million claims last year.
“This isn’t just about one case or company,” said O’Rourke. “This is about reaffirming a Veteran’s right to decide how to navigate a VA process that is notoriously complex and often overwhelming.”
NAVR has consistently advocated for a balanced approach that ensures Veterans have access to both free and paid assistance while instituting proper oversight to prevent abuse. NAVR will remain a vocal defender of Veterans’ freedom to seek the help they trust.
“The ruling is clear,” said O’Rourke. “Veterans fought to defend our Constitution. They should never have to fight their government just to use it.”
About NAVR:
The National Association for Veterans Rights (NAVR) is a national trade association committed to promoting ethical and transparent business practices among companies engaging with the service-disabled Veteran community. NAVR advocates for businesses that empower Veterans with professional and transparent solutions while advancing support for Veteran-owned businesses. www.navr.org.
For more information, contact press@navr.org.
