Full Federal Circuit Will Consider Court Review of VA Rules (1)

The full Federal Circuit will consider its jurisdiction to review interpretive rules issued by the Department of Veterans Affairs.

The U.S. Court of Appeals for the Federal Circuit took the unusual step Wednesday of agreeing to hear the case en banc without a three-judge panel first considering it.

In 2017, the court held that it lacks jurisdiction to review interpretive rules in the VA’s internally binding administrative staff manual. The U.S. Supreme Court agreed to review that ruling but the case became moot before the high court could hear it.

The National Organization of Veterans’ Advocates Inc. asked the full ...