Johnson v. McDonald

KASOLD, Judge,

separate statement:

I concur that Mr. Johnson was a prevailing party and that the Secretary was not substantially justified during the administrative processing of Mr. Johnson’s claim. In support of that decision, I note that although our precedential caselaw may not have explicitly addressed the full scope of the Secretary’s regulation on extraschedu-lar consideration, a fair reading of our caselaw would have cautioned the Secretary against any attempt to inexplicably ignore the plain wording of his regulation. Not only did Judge Steinberg’s concurrence in Brambley v. Principi…