Liesegang v. Sec'y of Veterans Affairs

312 F.3d 1368 (Fed. Cir. 2002) ; Clearinghouse Number: 55096

Description

Federal Circuit Rules That Effective Date of Regulation Creating Presumption of Service Connection Is Date of Publication in Federal Register

Abstract

The Federal Circuit held that the effective date of a U.S. Department of Veterans Affairs regulation creating a presumption of service connection benefits for Vietnam veterans who developed Type-2 diabetes was the date of publication in the Federal Register. After department promulgated the disputed regulation as required by the Agent Orange Act of 1991, the Federal Register published the final rule on May 8, 2001, with an effective date of July 9, 2001. Petitioners, three honorably discharged veterans who served in Vietnam and suffered from Type-2 diabetes, contended that department, misconstruing the Act, erroneously assigned a later effective date to the final rule. The Federal Circuit, noting that Congress unambiguously decreed in the Agent Orange Act that “[s]uch regulations shall be effective on the date of issuance,” found that the department had to give effect to Congress’ clear intent. Notwithstanding that provision, department argued that, in light of the Congressional Review Act, the rule “take[s] effect” on the later of sixty days after Congress receives department’s report about the rule or the rule’s publication in the Federal Register. Holding that department misconstrued Congress’ intent, the court found that department erroneously assumed that the term “take effect” under the Congressional Review Act equated to the term “effective date” in the Agent Orange Act, thereby overruling the Agent Orange Act’s provision. The court concluded that the Congressional Review Act affected the regulation’s operative date only, not its effective date.

Additional Information

Attorney Information
Docket Date
2002-12-10 00:00:00+00:00

Files

Filed under: