Kurt Priessman - Comment on VA Adjudications Manual, M21-1; Rescission of Manual M21-1 Provisions Related To Exposure to Herbicides Based on Receipt of the Vietnam Service Medal

The Department of Veteran Affair's (DVA) effort to preclude the judgement of the Court of Appeals for Veterans Claims (CAVC)and potentially any ruling of the United States Court for the Federal Circuit is in direct conflict with the mission of the Department and is a blatant effort on the part of the Administration and one of it's organization to usurp the Constitution of the United States. In as much as the United States Congress with legislation established in accordance with the laws and rule making procedures of this country and the Court of Appeals for Veterans Claims as established by the Congress did rule in accordance with the role provided by the Constitution as amended, the Office of General Counsel (OGC) and the Office of the Secretary, Veterans Affairs have in submitting this regulation, omitted the fact that the CAVC not only ruled that the DVA had not provided a period of review and comment but also ruled that the Department's interpretation was not reasonable. The majority of the proceedings in the Court of Appeals was spent on whether the DVA's interpretation of the law was reasonable and whether they were entitled to make such an interpretation, not on the fact that the DVA violated rule making procedures. As is, this Notice gives a false impression, is a flagrant disregard of the CAVC decision, which has not been overturned on appeal, and seeks to reestablish the same unbending rules at issue in Federal Court. It can therefore be assumed that the Appeals Court may rule that in fact, the DVA did overstep it's authority and that the interpretation is unreasonable. In an effort to preclude the ruling of this Court, the DVA is attempting to reinstate the same rules that were by the CAVC and may be by the Appeals Court decided to be unreasonable. This will of course incur another court case and further delay the ruling and application of the Court's decision. This notice therefore attempts to establish that the DVA is "above the law" and that it's mission is to save tax payer funds rather than it's stated purpose to serve Veterans. It should be pulled from the Federal Register, or in lieu of an "intelligent" managerial decision should be stayed by an injunction of the Court of Appeals until that Court has had adequate time to rule on the DVA's appeal of Haas.