United States Federal Circuit

38 C.F.R. section 19.9(a)(2) is invalid because, in conjunction with the amended rule codified at 38 C.F.R. section 20.1304, it allows the Board of Veterans Appeals' to consider additional evidence without having to remand the case to the agency of original jurisdiction (AOJ) for initial consideration, and without having to obtain the appellant's waiver.

Appellate Information

• Decided 05/01/2003
• Published 05/01/2003

Judges

• GAJARSA, Circuit Judge., Before NEWMAN, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ronald L. Smith, Disabled American Veterans, of Washington, DC, argued for petitioner Disabled American Veterans and Veterans of Foreign Wars of the United States.   Of counsel on the brief was Donald E. Purcell., Kenneth M. Carpenter, Carpenter Chartered, of Topeka, KS, for petitioner National Organization of Veterans' Advocates, Inc., Michael P. Horan, Paralyzed Veterans of America, of Washington, DC, argued for petitioner Paralyzed Veterans of America.   With him on the brief was Lawrence B. Hagel, General Counsel.


• For Appellees:
  
• Martin F. Hockey, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With him on the brief was David M. Cohen, Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Michael J. Timinski, Staff Attorney, Department of Veterans Affairs, of Washington, DC.