Gray v. Wilkie

Argument:  Pending

Gray:  The U.S. Court of Appeals for the Federal Circuit HAS JURISDICTION under 38 U.S.C. § 502 to review an interpretive rule reflecting the Department of Veteran Affairs’ definitive interpretation of its own regulation, even if the VA chooses to promulgate that rule through its adjudication manual.

Wilkie:  The U.S. Court of Appeals for the Federal Circuit DOES NOT HAVE JURISDICTION under 38 U.S.C. § 502 to review an interpretive rule reflecting the Department of Veteran Affairs’ definitive interpretation of its own regulation, even if the VA chooses to promulgate that rule through its adjudication manual.

Leave a Reply

Your email address will not be published. Required fields are marked *