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DOVER v. McDONALD

No. 2014-7124.

818 F.3d 1316 (2016)

Lydia C. DOVER, Claimant-Appellant v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 7, 2016.

Attorney(s) appearing for the Case

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

Jessica Cole , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Benjamin C. Mizer , Robert E. Kirschman, Jr. , Scott D. Austin ; Y. Ken Lee , Brian D. Griffin , Martie Adelman , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before LOURIE, REYNA, and CHEN, Circuit Judges.

Appellant sought her attorney's fees under the Equal Access to Justice Act ("EAJA") after winning vacatur and remand from the Court of Appeals for Veterans Claims ("Veterans Court") to the Board for Veterans' Appeals ("Board"). The Veterans Court denied fees, reasoning that the appellant was not the prevailing party because...

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