Kelly v. Nicholson, 05-7116
A judgment denying an application for reimbursement of legal fees and expenses under the Equal Access to Justice Act (EAJA), involving a claim for service connection for balance problems allegedly arising from exposure to Agent Orange during Vietnam, is reversed and remanded where the veteran prevailed in his civil action by securing a remand requiring consideration of his ataxia diagnosis, and the government's position was not substantially justified so as to prohibit the award of fees.
- Decided 09/13/2006
- Published 09/13/2006
Before NEWMAN, MAYER, and RADER, Circuit Judges.
United States Federal Circuit
Richard R. James, of Glen Allen, Virginia, argued for claimant-appellant. On the brief was Sandra E. Booth, of Columbus, Ohio.
Marla T. Conneely, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Todd M. Hughes, Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Martin J. Sendek, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.