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Case Law Update: Court Invalidates VA’s Regulations Implementing the Veterans Appeals Improvement Modernization Act of 2017

February 25, 2022

On July 30, 2021, the U.S. Court of Appeals for the Federal Circuit (Court) issued a 63-page decision invalidating three important regulations issued by the Department of Veterans Affairs. In Military-Veterans Advocacy v. Secretary of Veterans Affairs, et al., (MVA) the Court struck down: 38 C.F.R. § 3.155, which excludes supplemental claims from the intent-to-file…

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