NOVA v. Shinseki, docket no. 2011-7191 (Fed. Cir. Aug. 5, 2013)
The National Organization of Veterans’ Advocates challenged a VA rule that appeared to eliminate rights for veterans appearing at hearings before the Board of Veterans’ Appeals. While on review at the Federal Circuit, VA agreed that the rule was invalid, and assured NOVA that it would no longer apply the rule. When VA Board members continued to apply the rule, the Federal Circuit ordered VA to show cause why it should not be sanctioned for its actions. VA conceded error and provided the Court with a plan for notifying every claimant affected by the invalid rule. The notice would also offer to vacate the Board decision and to provide the claimants with new hearings. The Court approved the plan and did not issue sanctions. However, the Court has retained jurisdiction until both parties indicate that judicial review is no longer needed.