United States Federal Circuit

The new disinterested third-party payer regulation, allowing attorneys to receive fees or salaries from veterans' service organizations or other disinterested third parties, was within the Department of Veterans Affairs' authority to promulgate and was not issued in violation of the Regulatory Flexibility Act, 5 U.S.C. section 604.

Appellate Information

• Decided 09/11/2003
• Published 09/11/2003

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Alan M. Grayson, Grayson, Kubli & Hoffman, P.C., of McLean, Virginia, argued for petitioner.   On the brief were Ira E. Hoffman, and James A. McMillan., Jeffrey Wood, of York, Pennsylvania, for amicus curiae National Organization of Veterans' Advocates.


• For Appellees:
  
• Kyle E. Chadwick, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   On the brief were David M. Cohen, Director;  Franklin E. White, Jr., Assistant Director;  and William C. Peachey, Trial Attorney.   Of counsel on the brief was Michael J. Timinski, Staff Attorney, Department of Veterans Affairs, of Washington, DC.