Gott v. Walter

756 F.2d 902 (D.C. Cir.) vacated, 791 F.2d 172 (D.C. Cir. 1985) (en banc)

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Nature of the Case

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Facts

This was a dispute over certain documents and methodologies used by the VA to help determine claims of injury from exposure to radiation during military service. Ps claimed that these methodologies were issued and adopted without complying with the rulemaking procedures and publications requirements of the APA. To succeed in a claim, a veteran must establish that his malady was contracted in the line of duty under 38 U.S.C. sections 310, 311. The standard of proof needed by the veteran was that of a reasonable doubt under 39 C.F.R. Section 3.102. After a Congressional investigation over the handling of such claims, the VA and DoD issued various documents dealing with the subject. Ps challenged the issuance of these guides and procedures as a violation of the APA for failure to provide notice and comment procedures for the Guide and the failure to publish both documents in the Federal Register. The VA (D) moved for a summary judgment and was denied that motion and Ps were granted a summary judgment. The district court found that all the documents were rules within the meaning of the APA and the failure to conduct an informal rulemaking before issuing them rendered them invalid. D appealed.