Paralyzed Veterans of America v. Secretary of Veteran Affairs
United States Court of Appeals for the Federal Circuit
308 F.3d 1262 (2002)
Relevant factsFree
The Board of Veterans' Appeals asked the Department's General Counsel to interpret a statute for a pending case, and although the resulting opinion was binding on the Board and a summary was published in the Federal Register, it addressed only the specific case's legal questions rather than announcing a broader policy; the veterans' organization sought direct review of the opinion as a final agency rule.
IssueFree
Whether an opinion is a rule within the meaning of the Administrative Procedure Act if it is not a statement of general applicability and future effect designed to implement or prescribe law or policy.