Opinion

Leamon Johnson , Jr. v. Anthony J. Principi

  • 17 Vet. App. 436
  • 2004 U.S. Vet. App. LEXIS 24
  • 2004 WL 169877
Court
United States Court of Appeals for Veterans Claims
Filed
Jan 29, 2004
Status
Published
Author
Ivers
On the bench
Farley, Ivers, Steinberg
Cited by
17 cases

holding that Secretary’s position at the administrative level in promulgating and applying a regulation was substantially justified

How later courts described this case

  • holding that Secretary’s position at the administrative level in promulgating and applying a regulation was substantially justified
  • noting the “ambiguity of the disability ratings regulations” relating to extraschedular and TDIU considerations and the “need to streamline and clarify” these regulations
  • "As to VA's application of the revised regulation in the instant case, the Court cannot find that the Secretary's position at the administrative level was not substantially justified because 'the Board clearly relied upon then- current law.'" (citation omitted)
  • “Because the only litigation position taken by the Secretary before this Court was a timely request for remand, the Court holds that the Secretary acted reasonably and was substantially justified at the litigation stage_”

Written by the judges who cited it.

The opinion

IVERS, Judge,

concurring in part:

I concur in the Court’s holding that the appellant fails to meet the legal requirements for prevailing party status for the purposes of awarding EAJA fees.

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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