LeFEVRE v. SECRETARY, DEPT. OF VETERANS AFFAIRS

No. 94-7050.

66 F.3d 1191 (1995)

Jennie R. LEFEVRE, Sally M. Hill, Frederick L. Rada and Mary Christina Veldman, Petitioners, v. SECRETARY, DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 13, 1995.


Attorney(s) appearing for the Case

Frank W. Hunger, Assistant Attorney General, Department of Justice, Washington, DC, Henry A. Azar, Jr., Department of Justice, Civil Division, Washington, DC, argued, for respondent. With him on the brief was Theodore C. Hirt. Of counsel was David J. Barrans, Staff Attorney and Richard J. Hipolit, Deputy Assistant General Counsel, Department of Veterans Affairs, Washington, DC.

Gershon M. Ratner, National Veterans Legal Services Project, Washington, DC, argued for petitioners.

Before RICH and MICHEL, Circuit Judges, and FRIEDMAN, Senior Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

The issue on the merits is the validity of the determination of the Secretary of Veterans Affairs, pursuant to the Agent Orange Act of 1991, 38 U.S.C. § 1116 (Supp.V.1993) (the 1991 Act), not to create a presumption that prostate cancer, liver cancer, and nose cancer are connected to exposure to herbicides in Vietnam, which would be applied in determining eligibility for disability and survivor's benefits. The Secretary contends...

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