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PATRICK v. SHINSEKI

No. 2011-7012.

668 F.3d 1325 (2011)

Carolyn J. PATRICK, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

December 22, 2011.

Attorney(s) appearing for the Case

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

Kenneth S. Kessler , Attorney, Commercial Litigation Branch, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson , Director, and Kirk T. Manhardt , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, MAYER, and O'MALLEY, Circuit Judges.

MAYER, Circuit Judge.

Carolyn J. Patrick ("Mrs. Patrick") appeals from a final judgment of the United States Court of Appeals for Veterans Claims ("Veterans Court") denying her application for an award of attorney fees and expenses pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). See Patrick v. Shinseki, 23 Vet.App. 512 (2010) ("Patrick IV"). We reverse and remand.

BACKGROUND

This is the third time Mrs...

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