MILITARY-VETERANS ADVOCACY v. SEC'Y OF VETERANS

2019-1600 2019-1680 2019-1685 2019-1687.

7 F.4th 1110 (2021)

MILITARY-VETERANS ADVOCACY, Petitioner v. SECRETARY OF VETERANS AFFAIRS, Respondent. National Organization of Veterans' Advocates, Inc., Petitioner Paralyzed Veterans of America, Intervenor v. Secretary of Veterans Affairs, Respondent. Carpenter Chartered, Petitioner v. Secretary of Veterans Affairs, Respondent. Phillip Boyd Haisley, National Veterans Legal Services Program, Petitioners v. Secretary of Veterans Affairs, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: July 30, 2021.


Attorney(s) appearing for the Case

Robbie Manhas , Orrick, Herrington & Sutcliffe LLP, Washington, DC, argued for petitioner Military-Veterans Advocacy. Also represented by Melanie L. Bostwick ; John B. Wells , Law Office of John B. Wells, Slidell, LA.

Michael Bern , Latham & Watkins LLP, Washington, DC, argued for petitioner National Organization of Veterans' Advocates, Inc. and intervenor Paralyzed Veterans of America. National Organization of Veterans' Advocates, Inc. also represented by Genevieve Patricia Hoffman , Roman Martinez , Barrett Tenbarge .

Linda E. Blauhut , Paralyzed Veterans of America, Washington, DC, for intervenor Paralyzed Veterans of America.

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

Alex Schulman , Paul Hastings LLP, Washington, DC, argued for petitioners Phillip Boyd Haisley, National Veterans Legal Services Program. Also represented by Stephen Blake Kinnaird ; Barton F. Stichman , National Veterans Legal Services Program, Washington, DC.

Sosun Bae , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent in 2019-1600, 2019-1687. Also argued by William James Grimaldi in 19-1680, David Pehlke in 2019-1685. Also represented by Eric P. Bruskin , Jeffrey B. Clark , Martin F. Hockey, Jr. , Robert Edward Kirschman, Jr. ; Brian D. Griffin , Andrew J. Steinberg , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC; David J. Barrans in 2020-1687, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC.

Before Reyna, Clevenger, and Chen, Circuit Judges.


In 2017, Congress enacted the Veterans Appeals Improvement and Modernization Act (AMA) to reform the administrative appeals system of the Department of Veterans Affairs (VA). See Pub. L. No. 115-55, 131 Stat. 1105 (2017) (codified at scattered sections of 38 U.S.C.). The AMA replaced the existing VA appeals system, which...

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