SPLANE v. WEST

No. 99-7078.

216 F.3d 1058 (2000)

Edward T. SPLANE and Paralyzed Veterans of America, Petitioners, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent.

United States Court of Appeals, Federal Circuit.

June 23, 2000.


Attorney(s) appearing for the Case

Linda E. Blauhut, Paralyzed Veterans of America, of Washington, DC, argued for petitioners. With her on the brief was Michael P. Horan.

Elizabeth M. Hosford, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. On the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; Kathryn A. Bleecker, Assistant Director; and Paul M. Faver, Attorney. Of counsel on the brief were Richard J. Hipolit, Acting Assistant General Counsel; and David J. Barrans, Staff Attorney, Department of Veterans Affairs, Washington, DC.

Before MICHEL, CLEVENGER, and RADER, Circuit Judges.


CLEVENGER, Circuit Judge.

Petitioners, Edward T. Splane and the Paralyzed Veterans of America, seek review of a precedential opinion issued by the Department of Veterans Affairs ("DVA") general counsel on October 2, 1998 ("VAOPGCPREC 14-98"). In that opinion, the general counsel responded to a request from the Chairman of the Board of Veterans' Appeals ("Board") for guidance concerning three questions of law presented in an appeal filed by Mr. Splane. Petitioners...

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