*1 413 35(g), appellant’s to Rule to the pursuant BRIDDELL, Appellant, R. John decision as well as to the panel motion for v. therein. It is fur- arguments presented ther PRINCIPI, Secretary Anthony of J. Affairs, Appellee.
Veterans that, days not later than 15 ORDERED Secretary’s response, of the after service 99-1198. No. file, may and serve on the appellant the Appeals Court of United States thereto. Secretary, reply a for Claims. Veterans STEINBERG, Judge, concurring: 4, 2002. Feb. appellant’s I the motion for a believe FARLEY, STEINBERG, and Before granted be because panel decision should GREENE, Judges. a of appellant the has raised matter first not addressed in the impression that was ORDER I the single-judge hope par order. that if implications, any, the ties will address PER CURIAM: of Jacobsen prevailing-party for the issue single-judge In a order dated December West, 546, 12 Vet.App. 547-48 v. 2001, 17, appellant’s denied the the Court Secretary’s position that not (1999)(holding attorney fees application for an award of substantially justified at administrative Access to expenses Equal under the and Secretary had conceded at stage where 2412(d). (EAJA), § Act 28 U.S.C. Justice that Board failed to follow stage merits 20, 2001, filed appellant December the On law, though had established even Court timely panel pursu- motion for decision a stage). not found at merits so Rule of the Court’s Rules of ant to 35 Practice and Procedure. it is foregoing, of the
Upon consideration days that not later than 20
ORDERED order, Secretary this the
after the date of
file, response, the a appellant, and serve on