United States Federal Circuit

The Department of Veterans Affairs must explain its rationale for interpreting virtually identical statutes, 38 CFR 3.22 and 38 CFR 20.1106, in conflicting ways.

Appellate Information

• Decided 08/16/2001
• Published 08/16/2001

Judges

• DYK, Circuit Judge., Before CLEVENGER, SCHALL, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter,Carpenter, Chartered, of Topeka, Kansas, argued for petitioner National Organization of Veterans' Advocates., Stephen L. Purcell, Disabled American Veterans, of Washington, DC, argued for petitioner Disabled American Veterans.   With him on the brief was Ronald L. Smith., Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, argued for petitioner Paralyzed Veterans of America.


• For Appellees:
  
• Russell A. Shultis, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent Secretary of Veterans Affairs.   On the brief were David M. Cohen, Director;  Deborah A. Bynum, Assistant Director;  and John J. Field, Attorney.   Of counsel on the brief were Donald E. Zeglin;  and David J. Barrans, Attorneys, Department of Veterans Affairs, of Washington, DC. Of counsel were Stephen A. Bergquist, and Thomas O. Gessel, Attorneys, Department of Veterans Affairs;  and Thomas B. Fatouros, Trial Attorney, Department of Justice.