United States Federal Circuit

Denial of claimant-appellant's application for attorneys' fees and expenses pursuant to the Equal Access to Justice Act is affirmed where claimant was not the "prevailing party" because the Veterans Court remanded the claim at issue solely for purposes of judicial economy and not due to administrative error.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

Judges

• DYK, Circuit Judge., Before MICHEL, Chief Judge, DYK and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.


• For Appellees:
  
• Phyllis Jo Baunach, 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 Jeanne E. Davidson, Director, and Bryant G. Snee, Deputy Director.   Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Martin J. Sendek, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.