American Legion v. Nicholson

21 Vet. App. 1 (2007)

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American Legion v. Nicholson

United States Court of Appeals for Veterans Claims
21 Vet. App. 1 (2007)

Facts

The United States Court of Appeals for Veterans Claims (the veterans court) issued a ruling that certain Vietnam War veterans were presumed to have been exposed to Agent Orange, a toxic herbicide used by the American military during the war. The Department of Veterans Affairs (the VA) (defendant) appealed this ruling to the United States Court of Appeals for the Federal Circuit. While this appeal was pending, the Board of Veterans’ Appeals (the board) stayed all cases before it that were potentially affected by the decision until the VA’s appeal was decided by the Federal Circuit. The American Legion (plaintiff), a veterans’ service organization (VSO), challenged the stay order before the veterans court, seeking extraordinary relief in the form of a writ of mandamus ordering the board to lift the stay. The American Legion asserted that it had standing to bring this challenge as an association on behalf of its members.

Rule of Law

Issue

Holding and Reasoning (Greene, C.J.)

Dissent (Hagel, J.)

Dissent (Kasold, J.)

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