Opinion

Lawrence M. Tropf v. R. James Nicholson

  • 20 Vet. App. 317
  • 2006 U.S. Vet. App. LEXIS 777
  • 2006 WL 2434975
Court
United States Court of Appeals for Veterans Claims
Filed
Aug 24, 2006
Status
Published
Author
Greene
On the bench
Greene, Lance, Schoelen
Cited by
85 cases
Authority
More cited than 0.0%

explaining that, when "the meaning of the regulation is clear from its language, then that is 'the end of the matter'" and deference to the agency's position is not warranted (quoting Brown v. Gardner, 513 U.S. 115, 120 (1994))

How later courts described this case

  • explaining that, when "the meaning of the regulation is clear from its language, then that is 'the end of the matter'" and deference to the agency's position is not warranted (quoting Brown v. Gardner, 513 U.S. 115, 120 (1994))
  • noting that a statute is ambiguous when “the application of the ordinary meaning of the words and rules of construction ... fails to answer the question at issue” (citing Bell Atl. Tel. Cos. v. FCC, 131 F.3d 1044, 1047 (D.C.Cir.1997) (ambiguity is a conclusion reached when the question presented is not answered “at the level of literal language”))
  • noting that “a statute is ambiguous only when the application of the ordinary meaning of words and rules of construction to the plain language of the regulation fails to answer the question at issue”
  • concluding that if the meaning of regulation is clear, that ends the matter

Written by the judges who cited it.

The opinion

GREENE, Chief Judge,

concurring:

I concur with the holdings in this case. I write separately, however, because I would hold additionally that Mr. Tropfs constitutional argument is without merit and should be disposed of accordingly. The Equal Protection Clause “is essentially a direction that all persons similarly situated should be treated alike.” Cleburne v. Cleburne Living Ctr., Inc., 473 U.S. 432, 439 , 105 S.Ct. 3249 , 87 L.Ed.2d 313 (1985). Mr. Tropf argues that treating his arm and back disabilities differently in the rating schedule is a violation of due process; he asserts that he should be awarded a compensable rating for his arm because it is essentially the same injury as his back injury. That argument is without merit because treating a veteran’s own injuries differently is not unequal treatment of “persons similarly situated.” Cleburne, supra (emphasis added); Reeves v. West, 11 Vet.App. 255 (1998); Clarke v. Brown, 10 Vet.App. 20 (1997).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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