National Organization of Veterans' Advocates, Inc. v. Secretary of Veterans Affairs
Court of Appeals for the Federal Circuit
1Opinion of the Court
GAJARSA, Circuit Judge.
National Organization of Veterans’ Advocates, Inc. (“NOVA”) petitions for review of a Department of Veterans Affairs (“VA”) regulation, 38 C.F.R. § 3.304(f) (2002), providing that evidence other than the veteran’s service records may be sufficient to establish the occurrence of a stres-sor in claims for service connection of post-traumatic stress disorder (“PTSD”) resulting from personal assault. NOVA challenges the regulation under 38 U.S.C. § 502 as arbitrary, capricious, an abuse of discretion, and not in accordance with statutory provisions, 38 U.S.C. §§ 1154(a) and…
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