Barrera v. West

I would hold that this Court is without jurisdiction to consider fees generated for work done in a reviewing court during a *141period when this Court is divested of any jurisdiction over the case. See In re Bailey, 11 Vet.App. 348, 349 (1998) (filing of Notice of Appeal as to this Court’s order to the United States Court of Appeals for the Federal Circuit (Federal Circuit) deprives this Court of jurisdiction over motion to stay the order even though motion to stay filed prior to the notice of appeal).

Section 2412(d)(1)(A) of title 28 of the United States Code (the EAJA statute) provides:

Except…