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NAT. ORGANIZATION VET. ADV. v. SECRETARY VET. AFF.

Nos. 2006-7052, 2006-7061.

476 F.3d 872 (2007)

NATIONAL ORGANIZATION OF VETERANS' ADVOCATES, INC., Petitioner, and Paralyzed Veterans of America, Petitioner, v. SECRETARY OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

January 18, 2007.

Attorney(s) appearing for the Case

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

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

Russell A. Shultis, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Deborah A. Bynum, Assistant Director. Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Joshua S. Blue, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judge.

DYK, Circuit Judge.

This case concerns challenges to regulations adopted by the Department of Veterans Affairs ("VA") interpreting 38 U.S.C. §§ 1311(a)(2) and 1318 on the ground that they unduly limit the right to dependency and indemnity compensation ("DIC").1 This matter has twice been before this court, and we twice remanded to the VA. Nat'l Org. of Veterans' Advocates, Inc. v. Sec'y of Veterans Affairs,

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