United States Federal Circuit

In a petition action under 38 U.S.C. section 502 to review the effective date that the Department of Veterans Affairs (VA) assigned to 38 C.F.R. section 3.307(a)(6)(iv) (the 2011 regulation), a regulation that provides a presumption of herbicide exposure for certain veterans who served in or near the Korean demilitarized zone (DMZ) during the Vietnam era, the petition is denied where the VA's decision to assign the 2011 regulation a prospective effective date, instead of a retroactive effective date, was not arbitrary, capricious, or contrary to law.

Appellate Information

• Decided 08/11/2015
• Published 08/11/2015

Judges

• O'Malley

Court

• United States Federal Circuit

Counsel