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VETERANS FOR COMMON SENSE v. SHINSEKI

No. 08-16728.

678 F.3d 1013 (2012)

VETERANS FOR COMMON SENSE, a District of Columbia nonprofit organization; Veterans United for Truth, Inc., a California nonprofit organization, representing their members and a class of all veterans similarly situated, Plaintiffs-Appellants, v. Eric K. SHINSEKI, Secretary of Veterans Affairs; United States Department of Veterans Affairs; Steven L. Keller, Acting Chairman, Board of Veterans' Appeals; Allison A. Hickey, Under Secretary, Veterans Benefits Administration; Bradley G. Mayes, Director, Compensation and Pension Service; Robert A. Petzel, Under Secretary, Veterans Health Administration; Ulrike Willimon, Veterans Service Center Manager, Oakland Regional Office, Department of Veterans Affairs; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 7, 2012.

Attorney(s) appearing for the Case

Gordon P. Erspamer , Ryan G. Hassanein and Stacey M. Sprenkel , Morrison & Foerster LLP, San Francisco, CA; Deanne E. Maynard , Morrison & Foerster LLP, Washington, DC; and Sidney M. Wolinsky and Ronald Elsberry , Disability Rights Advocates, Berkeley, CA, for the plaintiffs-appellants.

Charles W. Scarborough , United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for the defendants-appellees.

Opinion by Judge BYBEE; Dissent by Judge SCHROEDER.

OPINION

BYBEE, Circuit Judge:

After a decade of war, many of our veterans are returning home with physical and psychological wounds that require competent care. Faced with the daunting task of providing that care, as well as adjudicating the claims of hundreds of thousands of veterans seeking disability benefits, the Department of Veterans Affairs ("VA")1 is struggling to provide the care and compensation that our veterans deserve...

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