Legal Opinion
Nat'l Org. of Veterans' Advocates, Inc. v. Sec'y Affairs
Court of Appeals for the Federal Circuit
Decided June 24, 2019No. 2018-1391PublishedCited by 2 opinions
1Opinion of the Court
Dyk, Circuit Judge.
*1264 The National Organization of Veterans' Advocates, Inc. ("NOVA") challenges the validity of a rule promulgated by the Veterans Administration ("VA"). The rule is a 2017 amendment to 38 C.F.R. § 3.321 (b)(1). The amended regulation cabined the preexisting regulation (as interpreted by this court in Johnson v. McDonald , 762 F.3d 1362 (Fed. Cir. 2014) ). The amended regulation authorizes the VA "[t]o accord justice to the exceptional case where the schedular evaluation is inadequate to rate a single service-connected disability ," by adopting "an extra-schedular evaluation…
2Cases cited20 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Federal Communications Commission v. Fox Television Stations, Inc.Supreme Court of the United States · 2009
- Mohawk Industries, Inc. v. CarpenterSupreme Court of the United States · 2009
- Allentown MacK Sales & Service, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1998
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3Cited by2 opinions
- James J. Perciavalle v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2019
- Walter G. Long v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2020