DISABLED AMERICAN VETERANS v. GOBER

Nos. 99-7061, 99-7071, 99-7084, and 99-7085.

234 F.3d 682 (2000)

DISABLED AMERICAN VETERANS, and National Organization of Veterans' Advocates, Inc., and Paralyzed Veterans of America, and Vietnam Veterans of America, Inc., Petitioners, v. Hershel W. GOBER, Acting Secretary of Veterans Affairs, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied January 2, 2001.


Attorney(s) appearing for the Case

Stephen L. Purcell, Disabled American Veterans, of Washington, DC, argued for petitioner, Disabled Veterans of America. With him on the brief was Ronald L. Smith.

Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, argued for petitioner, Paralyzed Veterans of America.

Michael E. Wildhaber, The Law Office of Wildhaber & Associates, of Washington, DC, argued for petitioner, Vietnam Veterans of America, Inc.

Kenneth M. Carpenter, National Organization of Veterans' Advocates, Inc., of Topeka, Kansas, argued for petitioner, National Organization of Veterans' Advocates, Inc.

Matthew P. Reed, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. On the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; Kathryn A. Bleecker, Assistant Director; and Tara A. Hurley, Attorney. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and Michael J. Timinski, Attorney, Department of Veterans Affairs, of Washington, DC.

Before MAYER, Chief Judge, MICHEL, and SCHALL, Circuit Judges.


SCHALL, Circuit Judge.

Disabled American Veterans ("DAV"), National Organization of Veterans' Advocates, Inc. ("NOVA"), Paralyzed Veterans of America ("PVA"), and Vietnam Veterans of America, Inc. ("VVA") (collectively "Petitioners") challenge the validity of certain regulations promulgated by the Department of Veterans Affairs ("VA") and codified at 38 C.F.R. §§ 20.1400-20.1411.1 The...

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