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Disabled American Veterans v. Secretary of Veterans Affairs

327 F.3d 1339 (2003)

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Disabled American Veterans v. Secretary of Veterans Affairs

United States Court of Appeals for the Federal Circuit
327 F.3d 1339 (2003)

CS

Facts

The veterans’-benefits claims process included an appeals sequence that was governed by statute and implemented through Department of Veterans Affairs (VA) (defendant) regulations. In 2001, the VA promulgated a set of new regulations that addressed certain appeal procedures. One of these regulations, 38 C.F.R. § 19.9(a)(2), allowed the Board of Veterans’ Appeals (the board) to consider new evidence without having to remand the case back to the VA for initial consideration, and without having to obtain the claimant’s waiver to do so. A group of veterans’ service organizations, including the Disabled American Veterans (DAV) (plaintiff) challenged the new regulations directly to the United States Court of Appeals for the Federal Circuit, as allowed under 38 U.S.C. § 502, alleging that the regulations were statutorily invalid.

Rule of Law

Issue

Holding and Reasoning (Gajarsa, J.)

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