Randall C. Scarborough, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs

LINN, Circuit Judge.

Randall C. Scarborough appeals from a dismissal by the United States Court of Appeals for Veterans Claims (“Court of Veterans Claims”) for lack of subject matter jurisdiction over his application for attorney fees and expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (1994). We hold that an application for attorney fees and expenses that does not include, prior to expiration of the thirty-day deadline, an allegation that the position of the United States was “not substantially justified” fails to meet the jurisdictional prerequisites of the EAJA…