Ex parte Higashi

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the VA, as a matter of policy, has voluntarily adopted the provisions of the APA
• holding a provision in the M21-1 Manual “affected a substantive right and its placement in a procedural manual cannot disguise its true nature as a substantive rule”
• holding that agency is bound by its regulations
• holding that agency is bound by its regulations
• setting aside the Secretary’s rescission of an M21-1 provision for failing to follow the APA notice-and-comment process
• “Advancing different arguments at successive stages of the appellate process ... hinders the decisionmaking process and raises the undesirable specter of piecemeal litigation”

Source: CourtListener parenthetical corpus (CC0).