HANLIN v. NICHOLSON

No. 2006-7075.

474 F.3d 1355 (2007)

William M. HANLIN, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 26, 2007.


Attorney(s) appearing for the Case

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

Anuj Vohra, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Todd M. Hughes, Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Martin J. Sendek, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before DYK and PROST, Circuit Judges, McKINNEY, Chief Judge.


PROST, Circuit Judge.

William M. Hanlin appeals a September 23, 2005 decision of the Court of Appeals for Veterans Claims that found him not entitled to attorney fees from past-due benefits awarded to the adult helpless child of a deceased veteran. Because Mr. Hanlin did not have a fee agreement with the claimant for helpless child benefits as required by 38 U.S.C. § 5904, we affirm.

BACKGROUND

I.

Upon a veteran's death due to a service...

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