GALLEGOS v. PRINCIPI

No. 01-7037.

283 F.3d 1309 (2002)

Raymond GALLEGOS, Claimant-Appellee, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: March 15, 2002.


Attorney(s) appearing for the Case

James W. Stanley, Jr., of North Little Rock, AR, Attorney, argued for claimant-appellant.

Lawrence N. Minch, Attorney, Civil Division, Commercial Litigation Branch, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Todd M. Hughes, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel; and Martie Adelman, Attorney, Department of Veterans Affairs, of Washington, DC.

Kenneth M. Carpenter, NOVA—National Organization of Veterans' Advocates, Inc., of Topeka, KS, for amicus curiae NOVA, INC.

Before LOURIE, RADER, and GAJARSA, Circuit Judges.


RADER, Circuit Judge.

The Court of Appeals for Veterans Claims determined that 38 C.F.R. § 20.201 (1998) — a Department of Veterans Affairs (VA) regulation setting minimum requirements for a notice of disagreement (NOD) — was invalid because the regulation required that an NOD express a desire for review by the Board of Veterans' Appeals (Board). After invalidating the regulation, the Court of Appeals for Veterans Claims held that a letter submitted...

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