United States Federal Circuit

The Secretary of Veterans Affairs' motion admitting procedural error that asked for remand of plaintiff's claim for disability benefits does not justify prevailing party status for the award of attorney fees.

Appellate Information

• Decided 05/26/2005
• Published 05/26/2005

Judges

• RADER, Circuit Judge., Before MICHEL, Chief Judge, RADER and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard R. James, of Glen Allen, Virginia, argued for claimant-appellant in 04-7132.  Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant in 03-7020.


• For Appellees:
  
• Christian J. Moran, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   On both briefs were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  Franklin E. White, Jr., Assistant Director;  and, Kyle E. Chadwick, Attorney.   Of counsel in both 04-7132 and 03-7020 was Michael J. Timinski, Deputy Assistant General Counsel;  Joshua S. Blume, Attorney, United States Department of Veterans Affairs in 04-7132;  and, Martin J. Sendek, Attorney, in 03-7020.