United States Federal Circuit

Dismissal of claimant's appeal of a denial of attorney fees in accordance with his fee agreement with a veteran is reversed where the Veterans Court incorrectly interpreted 38 U.S.C. section 5904(c), and on the correct interpretation, the fee agreement applies in accordance with its terms.

Appellate Information

• Decided 06/30/2006
• Published 06/30/2006

Judges

• Before NEWMAN, MAYER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael E. Wildhaber, Wildhaber & Associates, PLLC, of Washington, DC, argued for claimant-appellant.


• For Appellees:
  
• J. Reid Prouty, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Bryant G. Snee, Assistant Director.   Of counsel were Michelle D.D. Bernstein and Michael J. Timinski, Attorneys, United States Department of Veterans Affairs, of Washington, DC.