Paralyzed Veterans of America v. Togo D. West, Jr., Acting Secretary of Veterans Affairs
Court of Appeals for the Federal Circuit
1Opinion of the Court
RADER, Circuit Judge.
Paralyzed Veterans of America, Inc. (PVA) charges that the Department of Veterans Affairs repealed a regulation without advance notice and an opportunity for public comment. Upon review of the Department’s action, this court upholds as proper the repeal.
I
On March 4, 1995, the President of the United States instructed federal agencies to eliminate obsolete or unnecessary material from the Code of Federal Regulations. Pursuant to this direction, the Department repealed 38 C.F.R. § 3.101 (1996). Before this repeal, the Department did not provide advance notice or the…
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