United States Federal Circuit

In a case in which a widow of a deceased veteran had prevailed on a claim for dependency and indemnity compensation from the Department of Veterans Affairs and then sought an award of attorney fees and expenses pursuant to the Equal Access to Justice Act (EAJA), judgment of the United States Court of Appeals for Veterans Claims denying her EAJA application is reversed and remanded for a determination of whether, in light of the totality of the circumstances, the government carried its burden of demonstrating that its position opposing the compensation award was substantially justified.

Appellate Information

• Decided 12/22/2011
• Published 12/22/2011

Judges

• Mayer

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter, Kenneth S. Kessler