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Appealed from: United States Court of Appeals for Veterans Claims

Opinion Per Curiam

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 statute. Because Scarborough’s initial application failed to comply with the statute, and the Court of Veterans Claims correctly determined that it was without jurisdiction to consider his application, this court affirms.

 
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