Gurley v. Peake
Court of Appeals for the Federal Circuit
1Opinion of the Court
DYK, Circuit Judge.
Randolph S. Gurley (“Gurley”) appeals a final decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) denying his application for attorneys’ fees and expenses pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Gurley v. Nicholson, 20 Vet.App. 573 (2007). Because we agree with the Veterans Court that Gurley is not a “prevailing party” under EAJA, we affirm.
BACKGROUND
Gurley served in the Army from 1972 to 1974. In 1980, Gurley applied to the Regional Office of the Department of Veterans Affairs (“VA”) located in Columbia,…
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