NAT'L ORGANIZATION OF VETERANS v. SEC. OF VETERANS

No. 2011-7191.

710 F.3d 1328 (2013)

NATIONAL ORGANIZATION OF VETERANS ADVOCATES, INC., Petitioner, v. SECRETARY OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

March 21, 2013.


Attorney(s) appearing for the Case

Roman Martinez , Latham & Watkins, LLP, of Washington, DC, argued for petitioner.

John J. Todor , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Jonathan Taylor , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before O'MALLEY, PLAGER, and REYNA, Circuit Judges.


ORDER

PLAGER, Circuit Judge.

The National Organization of Veterans' Advocates, Inc. (NOVA) petitioned us to review a rule promulgated by the Department of Veterans Affairs (VA). The rule eliminated certain procedural and appellate rights for veterans appearing before the agency's Board of Veterans' Appeals (Board). During the briefing process before this court, it became clear to all parties involved that the promulgated...

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