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AKERS v. NICHOLSON

Nos. 04-7132, 03-7020.

409 F.3d 1356 (2005)

Mabel A. AKERS, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee. John R. Briddell, Claimant-Appellant, v. R. James Nicholson, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

May 26, 2005.

Attorney(s) appearing for the Case

Richard R. James, of Glen Allen, Virginia, argued for claimant-appellant in 04-7132. Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant in 03-7020.

Christian J. Moran, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. On both briefs were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Franklin E. White, Jr., Assistant Director; and, Kyle E. Chadwick, Attorney. Of counsel in both 04-7132 and 03-7020 was Michael J. Timinski, Deputy Assistant General Counsel; Joshua S. Blume, Attorney, United States Department of Veterans Affairs in 04-7132; and, Martin J. Sendek, Attorney, in 03-7020.

Before MICHEL, Chief Judge, RADER and LINN, Circuit Judges.

RADER, Circuit Judge.

The United States Court of Appeals for Veterans Claims (Veterans Court) denied the applications of John R. Briddell and Mabel A. Akers (collectively, appellants) for awards of attorney fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (2000). Both applications were denied on the ground that applicants were not "prevailing parties." Akers v. Principi, 18 Vet.App. 430 (Table) (2003); Briddell v. Principi...

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