Preminger v. Secretary of Veterans Affairs
Court of Appeals for the Federal Circuit
1Opinion of the Court
Concurring opinion filed by Circuit Judge PLAGER.
2Per curiam
By law this court has authority to review directly certain specified actions, when challenged, of the Secretary of Veterans Affairs. 38 U.S.C. § 502. Pursuant to the statute, Steven Preminger seeks review by the court of the Secretary’s denial of his petition for rulemaking. Such petitions to the Secretary are authorized by 5 U.S.C. § 553(e). As part of his case, Mr. Preminger also challenges the validity of an internal directive issued by the Veterans Health Administration (“VHA”) that was relied upon by the Secretary in his denial of Mr.…
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