National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs

PLAGER, Circuit Judge.

The National Organization of Veterans’ Advocates, Inc. (NOVA) on September 9, 2011 petitioned us to review a rule earlier promulgated by the Department of Veterans Affairs (VA or agency). The rule purported to eliminate certain procedural and appellate rights for veterans appearing before the agency’s Board of Veterans’ Appeals (Board).

During the course of the appeal it became clear that the new rule was invalid. Consequently, the VA made certain assurances to NOVA and to this court about how the matter would be handled pending resolution of the appeal. It subsequently…