United States Federal Circuit

In an action for attorney's fees under the Equal Access to Justice Act (EAJA) after winning vacatur and remand from the Court of Appeals for Veterans Claims to the Board for Veterans' Appeals, the Veteran's Court denial of fees, reasoning that the appellant was not the prevailing party because the remand order contemplated only dismissal by the Board rather than further agency proceedings, is reversed where the remand order expressly contemplated, and the appellant received, further agency proceedings, sufficient for prevailing party status under the Court's precedents.

Appellate Information

• Published 2016/04/07

Judges

• REYNA

Court

• United States Federal Circuit

Counsel