Paralyzed Veterans of America, Petitioner, and
Disabled American Veterans, Petitioner, and
National Organization of Veterans' Advocates, Inc., Petitioner, and
National Association of Black Veterans, John J. Castillo, and Joseph Holmes, Petitioners,
v.
SECRETARY OF VETERANS AFFAIRS, Respondent.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
Decided: September 22, 2003.
Errata Filed December 19, 2003.
Attorney(s) appearing for the Case
Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, for petitioner Paralyzed Veterans of America. With him on the brief was Lawrence B. Hagel, General Counsel.
William F. Fox, Jr., The Catholic University of America, School of Law, of Washington, DC, argued for petitioner Disabled American Veterans. With him on the brief was Ronald L. Smith, Chief Appellate Counsel.
Kenneth M. Carpenter, Carpenter Chartered, of Topeka, KS, for petitioner National Organization of Veterans' Advocates, Inc.
Tanya Y. Bartucz, Sidley Austin Brown & Wood LLP, of Washington, DC, argued for petitioners National Association of Black Veterans, John J. Castillo, and Joseph Holmes. With her on the brief were Stephen B. Kinnaird and Ronald S. Flagg. Of counsel on the brief were Barton F. Stichman and Louis George, National Veterans Legal Services Program, of Washington, DC.
Martin F. Hockey, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief was David M. Cohen, Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and Michael J. Timinski, Staff Attorney, Department of Veterans Affairs, of Washington, DC.
Before CLEVENGER, GAJARSA, and PROST, Circuit Judges.
United States Court of Appeals, Federal Circuit.
Opinion for the court filed by Circuit Judge PROST. Circuit Judge GAJARSA concurs-in-part, dissents-in-part.
PROST, Circuit Judge.
Paralyzed Veterans of America ("PVA"), Disabled American Veterans ("DAV"), National Organization of Veterans' Advocates, Inc. ("NOVA"), and National Organization of Black Veterans, John J. Castillo, and Joseph Holmes ("NABVETS") (collectively "Petitioners") challenge the validity of various regulations promulgated by the Department...
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