United States Federal Circuit
Nat'l Org. of Veterans Advocates, Inc. v. Sec'y of Veterans Affairs, 2015-7024
In a petition for review, under 38 U.S.C. Section 502, of certain regulations promulgated by the Department of Veterans Affairs (DVA), codified at 38 C.F.R. sections 3.1010, 20.900(a)(2), and 20.1302 (2015), which are intended to implement the Veterans' Benefits Improvement Act of 2008 and relate to the process by which an eligible survivor may be substituted for a veteran who dies while the veteran's claim for benefits is pending before the DVA or on appeal to the Board of Veterans' Appeals, the petition is denied where in light of the broad authority Congress gave to the Secretary to promulgate regulations administering section 5121A, the Secretary's decision to commit the eligibility decision to the agencies of original jurisdiction in the first instance is not arbitrary, capricious, or manifestly contrary to the statute.
Appellate Information
- Published 2016/01/13
Judges
- BRYSON
Court
- United States Federal Circuit