Opinion

Cycholl v. Principi

  • 15 Vet. App. 355
  • 2001 U.S. Vet. App. LEXIS 1499
  • 2001 WL 1642027
Court
United States Court of Appeals for Veterans Claims
Filed
Dec 19, 2001
Status
Published
Author
Holdaway
On the bench
Holdaway, Ivers, Steinberg
Cited by
18 cases

holding that the Court need not address the Secretary's position at the litigation stage where the Secretary failed to carry his burden of demonstrating that his position was substantially justified at the administrative stage

How later courts described this case

  • holding that the Court need not address the Secretary's position at the litigation stage where the Secretary failed to carry his burden of demonstrating that his position was substantially justified at the administrative stage
  • the Court need not address the Secretary’s position at the litigation stage where the Secretary failed to carry his burden of demonstrating that his position was substantially justified at the administrative stage
  • Court need not address the Secretary’s position at the litigation stage where the Secretary failed to carry his burden of demonstrating that his position was substantially justified at the administrative stage

Written by the judges who cited it.

The opinion

HOLDAWAY, Judge,

concurring:

I concur with both the principal opinion and also the views expressed by Judge Ivers.

I, however, am not prepared to say that the “failure” of the Board to discuss the VCAA will, in all cases, automatically constitute a lack of substantial justification. When that law was passed, this Court struggled for a time with its full implications. We resolved this by remanding most cases even though we recognized there were cases where the applicability of the VCAA was problematic. We should not require the Board to be prescient as a condition precedent of being “substantially justified.” If the Secretary offers a defense of substantial justification in a case where the Board “failed” to discuss the VCAA, I, for one, will carefully consider the arguments in the context of the facts of the particular case.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.