NATIONAL ORGANIZATION OF VETERANS' ADVOCATES, INC., Petitioner, and
Disabled American Veterans, Petitioner, and
Paralyzed Veterans of America, Petitioner,
v.
SECRETARY OF VETERANS AFFAIRS, Respondent.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
Decided August 16, 2001.
Decided August 16, 2001.
Attorney(s) appearing for the Case
Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for petitioner National Organization of Veterans' Advocates.
Stephen L. Purcell, Disabled American Veterans, of Washington, DC, argued for petitioner Disabled American Veterans. 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.
Russell A. Shultis, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent Secretary of Veterans Affairs. On the brief were David M. Cohen, Director; Deborah A. Bynum, Assistant Director; and John J. Field, Attorney. Of counsel on the brief were Donald E. Zeglin; and David J. Barrans, Attorneys, Department of Veterans Affairs, of Washington, DC. Of counsel were Stephen A. Bergquist, and Thomas O. Gessel, Attorneys, Department of Veterans Affairs; and Thomas B. Fatouros, Trial Attorney, Department of Justice.
Before CLEVENGER, SCHALL, and DYK, Circuit Judges.
United States Court of Appeals, Federal Circuit.
DYK, Circuit Judge.
National Organization of Veterans' Advocates, Inc., ("NOVA"), Disabled American Veterans ("DAV"), and Paralyzed Veterans of America ("PVA") (collectively, "petitioners"), challenge the validity of a regulation promulgated by the Department of Veterans Affairs, 38 C.F.R. § 3.22 (2000).1 That regulation, as revised in January 2000, restricts the award of dependency and indemnity compensation ("DIC") benefits to survivors...
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