Legal Opinion
Oscar G. Fugere v. Edward J. Derwinski, Secretary of Veterans Affairs
Court of Appeals for the Federal Circuit
Decided October 27, 1992No. 91-7058PublishedCited by 51 opinions
1Opinion of the Court
MICHEL, Circuit Judge.
The Secretary of Veterans Affairs appeals the decision of the Court of Veterans Appeals setting aside the Secretary’s recision of 1150.13(b) of the Veterans Administration (currently the Department of Veterans Affairs) (VA) Adjudication Procedure Manual, M21-1, as being unlawful. Fugere v. Derwinski, 1 Vet.App. 103 (1990). The Court of Veterans Appeals determined that the Secretary’s recision of 1150.13(b) violated both the provisions of the Administrative Procedure Act (APA) and the Secretary’s own regulations regarding notice and an opportunity to comment on rule…
2Cases cited3 opinions
- Markham v. CabellSupreme Court of the United States · 1946
- Fugere v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- A. Marie Phillips v. General Services Administration, (Two Cases)Court of Appeals for the Federal Circuit · 1991
3Cited by51 opinions
- Terry A. Ledford, Claimant-Appellant v. Togo D. West, Jr., Acting Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Clemment B. Epps, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1997
- AB v. BrownUnited States Court of Appeals for Veterans Claims · 1993
- Haas v. PeakeCourt of Appeals for the Federal Circuit · 2008
- Jacob Wanner and King L. Wright, Claimants-Appellees v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2004
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