Cycholl v. Principi

I voted to deny the Secretary’s motion for panel reconsideration and his alternative motion for a full-Court decision, but want to set forth my reasons for doing so because the Secretary presents in his motion several new arguments and citations not included in his EAJA response.

First, of course, the Secretary should have submitted these arguments in his original response. The Court has long made clear that it discourages piecemeal litigation. See Burton v. Principi, 15 Vet.App. 276, 277 (2001) (per curiam order) (“[w]e should not encourage the kind of piecemeal litigation in which the…