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BOWLING v. McDONOUGH

2021-1945, 2021-1970.

38 F.4th 1051 (2022)

Charlotte A. BOWLING, Kevin D. Appling, Claimants-Appellants v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: June 28, 2022.

Attorney(s) appearing for the Case

James Daniel Ridgway , Bergmann & Moore, LLC, Bethesda, MD, argued for claimants-appellants. Also represented by Glenn R. Bergmann , Thomas Polseno .

Meen Geu Oh , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Brian M. Boynton , Eric P. Bruskin , Patricia M. McCarthy ; Brian D. Griffin , Andrew J. Steinberg , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Taranto, Clevenger, and Chen, Circuit Judges.

Appellants Charlotte Bowling (substituting as the claimant for her deceased spouse, Charles Bowling) and Kevin Appling argued to the Court of Appeals for Veterans Claims (Veterans Court) that it should declare a longstanding regulation of the Department of Veterans Affairs (VA) to be vague on its face, in violation of the...

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