The U.S. Court of Appeals for the Federal Circuit has dismissed a petition in a case originally brought by Vietnam veterans more than 30 years ago. After their disability claims were denied, five veterans in 1979 filed a challenge to a 1978 Veterans’ Administration publication suggesting that only limited claims could be brought based on chemical exposure to Agent Orange and other defoliants during the Vietnam War.
The Federal Circuit, after recounting the labyrinthine history of the case, ruled that it lacked jurisdiction because there was no court avenue for procedural challenges to Department of Veterans Affairs regulations until the 1988 Veterans’ Judicial Review Act.
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