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NOVA v. SECRETARY OF VETERANS AFFAIRS

No. 2015-7024.

809 F.3d 1359 (2016)

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

United States Court of Appeals, Federal Circuit.

January 13, 2016.

Attorney(s) appearing for the Case

Kenneth M. Carpenter , Law Offices of Carpenter Chartered, Topeka, KS, argued for petitioner.

Elizabeth Marie Hosford , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Benjamin C. Mizer , Robert E. Kirschman, Jr. ; Y. Ken Lee , Amanda R. Blackmon , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before LOURIE, BRYSON, and STOLL, Circuit Judges.

The National Organization of Veterans' Advocates, Inc. ("NOVA") petitions this court for review of certain regulations promulgated by the Department of Veterans Affairs ("DVA"). The challenged regulations, which are codified at 38 C.F.R. §§ 3.1010, 20.900(a)(2), and 20.1302 (2015), were intended to implement the...

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