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GRAY v. SECRETARY OF VETERANS AFFAIRS

2016-1782 2016-1793.

875 F.3d 1102 (2017)

Robert H. GRAY, Petitioner v. SECRETARY OF VETERANS AFFAIRS, Respondent. Blue Water Navy Vietnam Veterans Association, Petitioner v. Secretary of Veterans Affairs, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: November 16, 2017.

Attorney(s) appearing for the Case

MICHAEL E. WILDHABER , Veterans Law Office of Michael E. Wildhaber, Washington, DC, argued for petitioner in 16-1782. Also represented by SHANNON LYNNE BREWER , Hill & Ponton, P.A., Deland, FL.

JOHN B. WELLS , Law Office of John B. Wells, Slidell, LA, argued for petitioner in 16-1793.

ERIC PETER BRUSKIN , 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. , MARTIN F. HOCKEY, JR. ; BRIAN D. GRIFFIN , MARTIN JAMES SENDEK , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Opinion dissenting in part and concurring in the judgment filed by Circuit Judge DYK.

Robert H. Gray ("Gray") and Blue Water Navy Vietnam Veterans Association ("Blue Water") (collectively, "Petitioners") petition this court under 38 U.S.C. § 502 to review certain revisions the Department of Veterans Affairs ("VA") made to its Adjudication Procedures Manual M21-1 ("M21-1 Manual") in February 2016. These...

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