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THOMPSON v. SHINSEKI

No. 2011-7064.

682 F.3d 1377 (2012)

Earl THOMPSON, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 25, 2012.

Attorney(s) appearing for the Case

Kenneth M. Carpenter , Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant.

Elizabeth M. Hosford , Senior Trial Counsel, Commercial Litigation Branch, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Brian M. Simkin , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel and Amanda R. Blackmon , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, BRYSON, Circuit Judges, and FOGEL, District Judge.

FOGEL, District Judge.

Claimant-Appellant Earl Thompson appeals a decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") holding that he was not a prevailing party under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), and that as a result he was not entitled to recover attorneys' fees and costs. We have jurisdiction pursuant to 38 U.S.C. § 7292, and we affirm.

I.

Mr. Thompson served in the United...

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