It also appears that nominating Mr Wilkie to be the VA secretary as things stand now, would be a potential violation of 5 U.S. Code § 3345 (b)(1):
(b)
(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—
(i) did not serve in the position of first assistant to the office of such officer; or
(ii) served in the position of first assistant to the office of such officer for less than 90 days; and
(B) the President submits a nomination of such person to the Senate for appointment to such office.
Which is to me, another indication that this new nomination was just an off-the-cuff decision. My guess is that Mr Trump was getting tired of being asked every day who he was going to nominate to run the VA, and so he just decided to go with the acting director. Because even a cursory legal review prior to his announcement would have revealed this issue.
(b)
(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—
(i) did not serve in the position of first assistant to the office of such officer; or
(ii) served in the position of first assistant to the office of such officer for less than 90 days; and
(B) the President submits a nomination of such person to the Senate for appointment to such office.
Which is to me, another indication that this new nomination was just an off-the-cuff decision. My guess is that Mr Trump was getting tired of being asked every day who he was going to nominate to run the VA, and so he just decided to go with the acting director. Because even a cursory legal review prior to his announcement would have revealed this issue.