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MILITARY-VETERANS ADVOCACY v. SECRETARY OF VA

2020-1537.

63 F.4th 935 (2023)

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

United States Court of Appeals, Federal Circuit.

Decided: March 22, 2023.

Attorney(s) appearing for the Case

Jeffrey T. Quilici , Orrick, Herrington & Sutcliffe LLP, Austin, TX, argued for petitioner. Also represented by Melanie L. Bostwick , Washington, DC; Melanie Hallums , Wheeling, WV; 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 , Brandon A. Jonas , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Newman, Prost, and Cunningham, Circuit Judges.

Military-Veterans Advocacy Inc. ("MVA") brings this petition pursuant to 38 U.S.C. § 502 and asks the court to review and revise certain instructions and practices of the Secretary of Veterans Affairs ("VA"), as set forth in the Veterans Affairs Adjudication Procedures Manual (the "M21-1 Manual"). This Manual provides...

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