United States Federal Circuit

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Winters v. Wilkie, 17-1815

Affirmed that a veteran's surviving spouse who had litigated over certain benefits was not entitled to an award of attorney fees. The spouse of a deceased World War II veteran argued that she had prevailed on her benefit claims and thus was entitled to recover her attorney fees pursuant to the Equal Access to Justice Act. On appeal from the U.S. Court of Appeals for Veterans Claims, the Federal Circuit held that she had not obtained a sufficiently successful result to qualify as a prevailing party for purposes of the attorney fee statute.

Appellate Information

  • Decided
  • Published 2018/08/10


  • Lourie


  • United States Federal Circuit


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