Full Fed. Circ. Says Courts Can Review VA's Manual Rules
Law360 (December 8, 2020, 10:53 PM EST) -- The full Federal Circuit on Tuesday allowed a disabled veterans advocacy group to challenge in court U.S. Department of Veterans Affairs rules that alter criteria for veteran disability claims for knee injuries, finding that federal courts have the jurisdictional authority to review VA interpretive rules laid out in its manual.
In a 43-page ruling, the en banc panel determined that the National Organization of Veterans' Advocates has standing to challenge changes to two rules related to knee injuries in an administrative manual, because the group has members who would be negatively impacted if the rule changes are implemented.
"Interpretive rules in...
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