United States Federal Circuit

An amended portion of the Schedule for Rating Disabilities in 38 C.F.R. section 4.114, addressing disabilities of the liver, does not purport to define what is lawful and unlawful conduct, nor does it relate to speech, and thus cannot be challenged on vagueness grounds.

Appellate Information

• Decided 08/06/2002
• Published 08/06/2002

Judges

• LOURIE, Circuit Judge., Before MAYER, Chief Judge, LOURIE and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Daniel D. Wedemeyer, Wedemeyer & Prangley, of Santa Ana, CA, argued for petitioner.


• For Appellees:
  
• James H. Holl, III, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, argued for respondent.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Franklin E. White, Jr., Assistant Director.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel, and Martie Adelman, Attorney, Department of Veterans Affairs, of Washington, DC.