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NOVA v. SECRETARY OF VETERANS AFFAIRS

2020-1321.

48 F.4th 1307 (2022)

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: September 20, 2022.

Attorney(s) appearing for the Case

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

Mollie Lenore Finnan , 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. ; Julie Honan , Y. Ken Lee , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Dissenting opinion filed by Circuit Judge PROST.

At the heart of the government's scheme for awarding disability benefits to veterans is a rating schedule. The Department of Veterans Affairs adopted this rating schedule to standardize the evaluation of how severely diseases and injuries resulting from military service impair veterans' earning capacity. 38 C.F.R. §...

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