NAT'L ORGANIZATION OF VETERANS' v. SECRETARY

2018-1391.

927 F.3d 1263 (2019)

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

United States Court of Appeals, Federal Circuit.

Decided: June 24, 2019.


Attorney(s) appearing for the Case

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

Martin F. Hockey, Jr. , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Robert Edward Kirschman, Jr. , Loren Misha Preheim , Joseph H. Hunt ; Martie Adelman , Brian D. Griffin , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Dyk, Wallach, and Stoll, Circuit Judges.


The National Organization of Veterans' Advocates, Inc. ("NOVA") challenges the validity of a rule promulgated by the Veterans Administration ("VA"). The rule is a 2017 amendment to 38 C.F.R. § 3.321(b)(1). The amended regulation cabined the preexisting regulation (as interpreted by this court in Johnson v. McDonald,<...

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