United States Federal Circuit
National Organization of Veterans' Advocates, Inc. v. Secretary of Veterans Affairs, 2010-7136
Read National Organization of Veterans' Advocates, Inc. v. Secretary of Veterans Affairs, 2010-7136
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In a challenge to a rule issued by the Secretary of Veterans Affairs with respect to claims for service-connected disability benefits for posttraumatic stress disorder, a petition to review the final rule is denied where, under a Chevron analysis: 1) no existing statute or regulation specifically addresses the issue raised in the rule so as to create a conflict or contradiction; 2) the court could not say that the rationale behind the rule is without a logical basis, or is otherwise arbitrary and capricious.
Appellate Information
- Decided 01/20/2012
- Published 01/20/2012
Judges
- Reyna
Court
- United States Federal Circuit
Counsel
- For Appellant:
- David H. Tennant, Scott D. Austin