Court of Appeals for the Federal Circuit February 13, 2003, 00-7172 (Randall C. Scarborough, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs)

MAYER, Chief Judge,

dissenting.

Because I believe that: (1) Edelman v. Lynchburg College, 535 U.S. 106, 122 S.Ct. 1145, 152 L.Ed.2d 188 (2002), implies that failure to timely include a simple allegation that does not prejudice the opposing party, may relate back to a timely filed application; (2) the court unnecessarily narrows the waiver that Congress intended because the statutory language of