Military Order of the Purple Heart of the USA v. Sec'y of Veterans Affairs, No. 08-7076
Petition for review by veterans organizations, involving a procedure promulgated by the Secretary of Veterans Affairs with respect to the determination of certain claims, is granted and the procedure of Fast Letters 07-19 and 08-24 is set aside where the procedure does not comply with the extant Regulations as certain regional office decisions are redetermined by the Compensation and Pension Service without the knowledge and participation of the claimant, and was not implemented in compliance with the requirements of the Administrative Procedure Act.
Appeal from: Department of Veterans Affairs
Decided September 10, 2009
For Appellee: Tara K. Hogan, Trial Attorney, Commercial Litigation Branch, Civil DIvision, United States Department of Justice, Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Kirk Manhardt, Assistant Director, David R. McLenachen, Deputy Assistant General Counsel.