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United States Federal Circuit


National Organization of Veterans' Advocates, Inc. v. Secretary of Veterans Affairs, 2010-7136

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

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