Patrick v. Dept. Of Veterans Affairs

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a “reasonable, albeit incorrect” position may be substantially justified
• substantial justification involves asking whether the Government “adopted a reasonable, albeit incorrect, interpretation of a particular statute or regulation”
• substantial justification involves asking whether the Government “adopted a reasonable, albeit incorrect, interpretation of a particular statute or regulation”
• “The ‘position’ of the government includes actions taken at the agency level as well as arguments made during litigation.”
• \[t]he fact that the Veterans Court had previously upheld the VA's erroneous interpretation of [a statute] does not . . . resolve the substantial justification inquiry.\
• “We have repeatedly made clear that the substantial justification inquiry requires an analysis of the ‘totality of the circumstances’ surrounding the government’s adoption of a particular position.”

Source: CourtListener parenthetical corpus (CC0).