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NOVA v. SECRETARY OF VETERANS AFFAIRS

2020-1321.

981 F.3d 1360 (2020)

NATIONAL ORGANIZATION OF VETERANS' ADVOCATES, INC., Peter Cianchetta, Michael Regis, Andrew Tangen, Petitioners v. SECRETARY OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: December 8, 2020.

Attorney(s) appearing for the Case

Roman Martinez , Latham & Watkins LLP, Washington, DC, argued for petitioners. Also represented by Shannon Marie Grammel , Blake Stafford .

Eric P. Bruskin , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Jeffrey B. Clark , Martin F. Hockey, Jr. , Robert Edward Kirschman, Jr. ; Y. Ken Lee , Julie Honan , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Melanie L. Bostwick , Orrick, Herrington & Sutcliffe LLP, Washington, DC, for amicus curiae Military-Veterans Advocacy Inc. Also represented by James Anglin Flynn ; Jeffrey T. Quilici , Austin, TX; John B. Wells , Law Office of John B. Wells, Slidell, LA.

Stephen Blake Kinnaird , Paul Hastings LLP, Washington, DC, for amici curiae National Veterans Legal Services Program, Paralyzed Veterans of America, Veterans of Foreign Wars. Also represented by Alex Schulman . Amicus curiae National Veterans Legal Services Program also represented by Barton F. Stichman , National Veterans Legal Services Program, Washington, DC.

Angela K. Drake , Veterans Clinic, University of Missouri School of Law, Columbia, MO, for amicus curiae National Law School Veterans Clinic Consortium.

Before Prost, Chief Judge, Newman, Lourie, Dyk, O'Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll, Circuit Judges.

National Organization of Veterans' Advocates, Inc., ("NOVA"), Peter Cianchetta, Michael Regis, and Andrew Tangen petition this court under 38 U.S.C. § 502 to review two interpretive rules that are set out in two provisions of the Veterans Affairs ("VA") Adjudication Procedures Manual M21-1 (the "Manual") and a Federal Register...

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