Felton v. Brown

I regret that I am unable to join in most of the well-written and scholarly opinion of the Court. I do concur in part II.B.2.b., regarding the inapplicability to the Court of subsection (b) of 28 U.S.C. § 2412. See Cook v. Brown, 6 Vet.App. 226, 233-36 (1994), appeal docketed, No. 94-7073 (Fed.Cir.1994).

I. SUMMARY

However, for several reasons, I respectfully dissent with respect to the Equal Access to Justice (EAJA) application submitted under 28 U.S.C. § 2412(d). First and foremost, despite its emphatic protestations to the contrary and its attempt to evoke the appearance of a balanced…