Hadit.com For Veterans Who've Had it With The VA


Panel Application; Otero-Castro v. Principi, 16 Vet.App. 375, 380 (2002) (“The basic principles that apply to construing statutes apply equally to construing regulations.”). If it is not clear, “the Court may look to other sources, including the history and purpose of the regulation.” Bailey v. Wilkie, 33 Vet.App. 188, 194 (2021); see Kisor, 139 S. Ct. at 2415 (explaining that to exhaust the traditional tools of regulatory construction, “a court must ‘carefully consider[]’ the text, structure, history, and purpose of a regulation” (quoting Chevron U.S.A. Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837, 843 n.9 (1984))). “[D]eference [to the Agency] can arise only if a regulation is genuinely ambiguous[,] . . . after a court has resorted to all the standard tools of interpretation.” Kisor, 139 S. Ct. at 2414;

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 19-0517 JOAN NAILOS, APPELLANT, V. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans’ Appeals (Argued June 17, 2021 Decided August 10, 2021) Christopher F. Attig, of Little Rock, Arkansas, for the appellant. Mark D. Vichich, with whom William A. Hudson, Jr., Principal Deputy General Counsel; Mary Ann Flynn, Chief Counsel; and Sarah W. Fusina, Deputy Chief Counsel, all of Washington, D.C., were on the brief for the appellee. Before GREENBERG, MEREDITH, and TOTH, Judges. MEREDITH, Judge, filed the opinion of the Court. GREENBERG, Judge, filed a dissenting opinion. MEREDITH, Judge: The appellant, Joan Nailos, surviving spouse of the veteran, William F. Nailos, appeals through counsel1 an October 22, 2018, Board

Read More »