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BLY v. SHULKIN

2017-1287.

883 F.3d 1374 (2018)

Darald G. BLY, Claimant-Appellant v. David J. SHULKIN, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: March 2, 2018.

Attorney(s) appearing for the Case

BRANDON MICHAEL SELINSKY , Rocky Mountain Disability Law Group, Denver, CO, argued for claimant-appellant.

JOSHUA E. KURLAND , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by CHAD A. READLER , ROBERT E. KIRSCHMAN, JR. , PATRICIA M. McCARTHY ; Y. KEN LEE , JONATHAN KRISCH , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Dyk, Reyna, and Hughes, Circuit Judges.

Darald G. Bly applied for attorneys' fees and expenses under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. The Court of Appeals for Veterans Claims ("Veterans Court") determined that his application was untimely under the EAJA and the Veterans Court's own rules. Because we find that the Veterans Court

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