Opinion

Ozer v. Principi

  • 16 Vet. App. 475
  • 2002 U.S. Vet. App. LEXIS 942
  • 2002 WL 31641710
Court
United States Court of Appeals for Veterans Claims
Filed
Nov 22, 2002
Status
Published
Author
Steinberg
On the bench
Holdaway, Ivers, Per Curiam, Steinberg
Cited by
10 cases
Authority
More cited than 0.0%

holding that the Secretary’s position in promulgating the regulation was substantially justified, despite later invalidation of the regulation, because “there was no pri- or disapproval of or challenge to the regulation”

How later courts described this case

  • holding that the Secretary’s position in promulgating the regulation was substantially justified, despite later invalidation of the regulation, because “there was no pri- or disapproval of or challenge to the regulation”
  • finding the Secretary’s position substantially justified where, inter alia, the “case was one of first impression” and “there was no prior disapproval of or challenge to the [Secretary’s interpretation]”
  • rejecting reimbursement for time spent on motions for extended time due to inefficient workload management

Written by the judges who cited it.

The opinion

STEINBERG, Judge,

concurring:

I write separately to express my continued disapproval of the analysis and holding in Felton v. Brown, 7 Vet.App. 276 (1994) [hereinafter Felton II]. See id. at 287-94 (Steinberg, J., concurring in part and dissenting in part). I maintain my belief that Felton II was wrongly decided, and thus, were it not for its precedential force, I would vote to grant the application in this case, for the reasons stated in my dissent in Felton II, supra. I am, however, constrained by the Felton II holding to join in this order, albeit reluctantly. See Bethea v. Derwinski, 2 Vet.App. 252, 254 (1992) (“[w]here there is an earlier panel ... opinion, we apply a rule that in a subsequent case, a panel or single judge may not render a decision which conflicts materially with such earlier panel”).

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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