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CARPENTER v. PRINCIPI

No. 02-7323.

327 F.3d 1371 (2003)

Kenneth M. CARPENTER, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: May 7, 2003.

Attorney(s) appearing for the Case

Michael E. Wildhaber, The Law Office of Wildhaber & Associates, PLLC, of Washington, DC, argued for claimant-appellant.

Martin F. Hockey, Jr., Senior Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief was David M. Cohen, Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and Michelle Doses Bernstein, Staff Attorney, Department of Veterans Affairs, of Washington, DC.

Before SCHALL, BRYSON, and LINN, Circuit Judges.

LINN, Circuit Judge.

Kenneth M. Carpenter ("Carpenter") appeals from the judgment of the United States Court of Appeals for Veterans Claims ("Veterans' Court") holding his contingency fee agreement to be "excessive and unreasonable" and affirming the finding of the Board of Veterans' Appeals ("Board") that Carpenter was not entitled to retain an award of attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) ("EAJA"), for the "same work...

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