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NOVA, INC. v. SECRETARY OF VETERANS AFFAIRS

No. 2011-7191.

725 F.3d 1312 (2013)

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

United States Court of Appeals, Federal Circuit.

August 5, 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, United States Department of Veterans Affairs, of Washington, DC, and Jonathan Taylor , Attorney.

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

PLAGER, Circuit Judge.

The National Organization of Veterans' Advocates, Inc. (NOVA) on September 9, 2011 petitioned us to review a rule earlier promulgated by the Department of Veterans Affairs (VA or agency). The rule purported to eliminate certain procedural and appellate rights for veterans appearing before the agency's Board of Veterans' Appeals (Board).

During the course of the appeal it became clear that the new rule was invalid. Consequently, the VA...

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