Important updates about VA Policy Changes

Latest Updates

Beginning in late July 2025, the Department of Veterans Affairs ("VA") instituted a drastic change in how they respond to Freedom of Information Act ("FOIA") requests for copies of Claims Files of deceased veterans ("XC Files"). Instead of providing a PDF of the file with minimal redactions, the VA is now refusing to provide any copies of the files. In its place, the agency is releasing a summary of what the VA has deemed to be releasable genealogical information. These fields are:

• Veteran's name, date, city, and state of birth on a birth certificate
• Veteran's name, date, city, and state of marriage on a marriage license
• Veteran's parents' names (if deceased)
• Veteran's name, city, and state of entry on active duty on a DD214
• Veteran's name, date, city, and state of divorce decree
• Veteran's spouse's name (if deceased)

This sudden policy change currently affects all requests filed via BIRLS.org. Reclaim The Records is actively investigating options to fight this change.

While we hope to have some updates on next steps by the end of August 2025, it is expected that this will be a multi-year effort to try to effect change for this record set as a whole. At this time we do have a particular recommendation for anyone who is the child or next of kin for the veteran, see "Appeal Advice for Veterans' Children and Next of Kin" below. If you are not next of kin, you should still appeal, but it may be useful to wait for our updates, before pursuing an appeal, as you have 90 days to file an appeal.

Sample "Genealogical Information" Responses

Why did this change happen?

This change probably came about primarily due to two events that both took place in the past few months: (1) the approximately 20,000 new FOIA requests submitted to the VA by more than 7000 members of the public for copies of Claims Files since very late December 2024 and (2) the sudden firings and/or enforced retirements of more than one hundred and fifty thousand government civil service workers, including hundreds of people working at the VA processing FOIA requests, beginning in late January 2025.

So far, the VA's only rationale as stated in their response letters accompanying the above information is:

"FOIA Exemption 3, 5 U.S.C. § 552(b)(3), applies to information in the C-File that is not considered genealogical under 38 C.F.R. § 1.505. Genealogy does not meet the 'useful purpose' requirement of 38 U.S.C. § 5701, which protects the confidential nature of claims."

We are not aware of any changes in the existing laws or regulations; it appears to be the VA reinterpreting existing statutes and regulations. The particulars of the relevant statutes and regulations are detailed below.

FOIA Exemption 3, is for information that is exempt from disclosure by statute. Indeed, the law at 38 U.S.C. § 5701 (see https://www.law.cornell.edu/uscode/text/38/5701) section (a) states:

"All files, records, reports, and other papers and documents pertaining to any claim under any of the laws administered by the Secretary and the names and addresses of present or former members of the Armed Forces, and their dependents, in the possession of the Department shall be confidential and privileged, and no disclosure thereof shall be made except as provided in this section."

However, subsection (e) of the same law provides:

"Except as otherwise specifically provided in this section with respect to certain information, the Secretary may release information, statistics, or reports to individuals or organizations when in the Secretary's judgment such release would serve a useful purpose."

This section of the law is implemented by VA regulations, 38 C.F.R. § 1.500 through § 1.527 (see https://www.law.cornell.edu/cfr/text/38/part-1), with § 1.505, being the section referring to genealogy releases in particular. The genealogy section reads:

"Information of a genealogical nature when its disclosure will not be detrimental to the memory of the veteran and not prejudicial, so far as may be apparent, to the interests of any living person or to the interests of the Government may be released by the Department of Veterans Affairs or in the case of inactive records may be released by the Archivist of the United States if in the Archivist's custody."

This provision was implemented in November 1948 and has not been changed, in substance, since then.

See https://www.govinfo.gov/content/pkg/FR-1948-11-27/pdf/FR-1948-11-27.pdf#page=1, also reproduced below:

Appeal Advice for Veterans' Children and Next of Kin

Although 38 C.F.R. § 1.505 relates to the release of information for genealogy purposes, section 1.504 governs "Disclosure of information to a widow, child, or other claimant", stating:

"Information may be disclosed to a widow, widower, child, or other dependent parent or other claimant, or the duly authorized representative of any of these persons as to matters concerning such person alone when such disclosure will not be injurious to the physical or mental health of the person to whom the inquiry relates. If the person concerning whom the information is sought is deceased, matters concerning such person may be disclosed to the next of kin if the disclosures will not be injurious to the physical or mental health of the person in whose behalf the information is sought or cause repugnance or resentment toward the decedent."

If you are the widow(er) or child of the veteran or next of kin (see discussion below), it is our recommendation at this time that you appeal the denial of your request for a copy of the claims file, by sending an email to [email protected] or writing a letter to Office of General Counsel (024), Department of Veterans Affairs, 810 Vermont Avenue, Washington, DC. 20420 and attach/write the following:

1. Attach a scan of the letter and response
2. State that you appeal the withholding of information under b(3) for the claims file of (Veteran's name) under FOIA (25-_____-F) and Claim ID
3. Indicate that information should be released to you under 38 C.F.R. § 1.504 and state your relationship to the veteran
4. Include proof of death of the veteran (death certificate and/or obituary)
5. Include proof of your relationship, such as birth and marriage certificates that show your relationship to the veteran and/or any changes in name
6. If applying as "next of kin", make sure to include proof of death for the previous generation. For instance, if you have requested your grandfather's claim's file, you should show that your parent, who was the child of the veteran is deceased. If your parent is still living you will not qualify as "next of kin."

Sample:

"I appeal the withholding of documents and information under FOIA exemption b(3) for the Claims File of John Smith, FOIA Number: 25-00000-F, Claim ID 10 000 000. I should be granted access under 38 C.F.R. § 1.504 (Disclosure of information to a widow, child, or other claimant). A copy of the response letter I received is attached. I am the grandchild of John Smith, who died on July 1, 1970. His daughter, who was my mother, Jane Miller, died on February 22, 2017, and I am therefore the veteran's next of kin. I am enclosing death certificates for John Smith and Jane (Smith) Miller and a copy of my birth certificate, proving that I am the grandchild of John Smith. I therefore request a complete copy of the original claim file be released to me."

Next of Kin: Different agencies may have different definitions of next of kin. Some agencies may require all children to be deceased, before a grandchild can be considered next of kin. We do not know at this time what standard the VA uses. However, a "cousin" in general cannot claim to be next of kin, unless all closer relatives are deceased. For instance, if you have a first cousin, who was a veteran and is deceased who had children or other descendants, you cannot claim to be the next of kin. However, if your first cousin had no siblings and no children, you may be the closest living relative, and hence next of kin.

Appeal Advice for Others

As of early August 2025, we advise you to revisit this page in a few weeks. Appeals must be submitted within 90 days of the date of the response letter. So, if you receive a response letter dated July 22, 2025, you would have until October 20, 2025 to submit an appeal. We hope to provide specific language on which to base an appeal. If the appeal is denied, which we expect it will be, it then gives you an additional six years from the date of the appeal response to file litigation over the FOIA request.

Are you guys going to file a new lawsuit against the VA?

Stay tuned.