United States Federal Circuit

38 U.S.C. section 5904(c) was designed to allow attorneys' fees in connection with proceedings to reopen a claim on the grounds of new and material evidence or clear and unmistakable error, and for purposes of the statute, there has been another final decision after a final Board of Veterans' Appeals decision on a particular issue in the course of the reopening proceeding.

Appellate Information

• Decided 03/14/2002
• Published 03/14/2002

Judges

• DYK, Circuit Judge., Before MAYER, Chief Judge, RADER, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James W. Stanley, Jr., of North Little Rock, Arkansas, pro se.


• For Appellees:
  
• J. Reid Prouty, Attorney, Civil Division, Commercial Litigation Branch, Department of Justice, of Washington, DC, argued for respondent-appellee.   On the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  Bryant G. Snee, Assistant Director;  and Marian E. Sullivan, Trial Attorney.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel;  and Michael J. Timinski, Attorney, Department of Veterans Affairs, of Washington, DC.