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MASON v. SHINSEKI

No. 2013-7038.

743 F.3d 1370 (2014)

Mariella B. MASON, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 21, 2014.

Attorney(s) appearing for the Case

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

Michael P. Goodman , 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 Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief were Y. Ken Lee , Deputy Assistant General Counsel, and Rachael T. Brant , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, MOORE, and CHEN, Circuit Judges.

CHEN, Circuit Judge.

When an attorney successfully represents a veteran, the Veterans Administration ("VA") may, under certain circumstances, directly pay reasonable legal fees to the attorney from any past-due benefits awarded to the veteran. 38 U.S.C. § 5904(d). The VA pays the full award of past-due benefits to the veteran, however, when an attorney's direct-fee request is denied. This appeal addresses how long an attorney has to file a notice of disagreement...

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