Clara Sue Padgett v. Eric K. Shinseki

I write separately to note that Mrs. Padgett did not appeal the Court’s decision *314denying her substitution in the underlying merits appeal, and that decision therefore became final. See Jackson v. Shinseki, 23 Vet.App. 27, 31 (2009) (mandate of the Court is “evidence that a judgment has become final” (quoting U.S. Vet.App. R. 41)); Kiddey v. Shinseki 22 Vet.App. 367, 370 (2009) (applications for EAJA fees must be submitted to the Court “within thirty days of final judgment in the action” (quoting 28 U.S.C. § 2412(d)(1)(B))); see also Padgett v. Peake, 22 Vet.App. 159, 168-69 (2008) (Kasold,…