Robert E. Lohnes III v. R. James Nicholson

ORDER

Veteran Robert E. Lohnes III applies through counsel for an award of attorney fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). For the reasons set forth below, the Court will deny the EAJA application.

Mr. Lohnes appealed a January 21, 2003, Board of Veterans’ Appeals (Board) decision that denied entitlement to two 10% disability ratings for bilateral tinnitus. Relying on Smith v. Nicholson, 19 Vet.App. 63 (2005), the Court reversed the Board’s decision to the extent that it concluded that bilateral tinnitus could not qualify for separate 10% disability…