United States Federal Circuit

Because 38 C.F.R. section 20.201, a VA regulation setting minimum requirements for a notice of disagreement (NOD), is not procedurally defective, arbitrary or capricious in substance, or manifestly contrary to statute, plaintiff's letter to a regional office was not a valid NOD.

Appellate Information

• Decided 03/15/2002
• Published 03/15/2002

Judges

• RADER, Circuit Judge., Before LOURIE, RADER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James W. Stanley, Jr., of North Little Rock, AR, Attorney, argued for claimant-appellant., Kenneth M. Carpenter, NOVA-National Organization of Veterans' Advocates, Inc., of Topeka, KS, for amicus curiae NOVA, INC.


• For Appellees:
  
• Lawrence N. Minch, Attorney, Civil Division, Commercial Litigation Branch, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Todd M. Hughes, Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel;  and Martie Adelman, Attorney, Department of Veterans Affairs, of Washington, DC.