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MILITARY-VETERANS v. SEC'Y OF VETERANS AFFAIRS

2020-2086.

38 F.4th 154 (2022)

MILITARY-VETERANS ADVOCACY INC., Petitioner, v. SECRETARY OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: June 17, 2022.

Attorney(s) appearing for the Case

James Anglin Flynn , Orrick, Herrington & Sutcliffe LLP, Washington, DC, argued for petitioner. Also represented by Melanie L. Bostwick ; John B. Wells , Law Office of John B. Wells, Slidell, LA.

Meen Geu Oh , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Brian M. Boynton , Eric P. Bruskin , Martin F. Hockey, Jr. ; Brian D. Griffin , Jonathan Krisch , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Sasha Rao , Sterne Kessler Goldstein Fox PLLC, Washington, DC, for amicus curiae Association of the United States Navy. Also represented by Kristina Caggiano Kelly , Michael E. Joffre .

Stanley Joseph Panikowski, III , DLA Piper LLP (US), San Diego, CA, for amicus curiae Therese M. Terlaje.

Before Newman, Prost, and Cunningham, Circuit Judges.

Military-Veterans Advocacy Inc. ("MVA") petitioned the Secretary of Veterans Affairs ("VA")1 to issue a rule that would presume herbicide exposure for veterans who served in Guam or Johnston Island during specified periods. The VA denied MVA's rulemaking petition. MVA now petitions this court under...

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