Hudson v. West

The Court holds that it does not have jurisdiction over the pending application for attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (EAJA), based on the Court’s July 20, 1999, single-judge memorandum decision that dismissed the appellant’s claim for lack of jurisdiction. Hudson v. West, 1999 WL 554228 (Vet.App. July 20, 1999) (mem. dec.). Although I believe that that memorandum decision was legally incorrect, I am constrained to vote to dismiss the EAJA application based on the binding precedential action of the Court in Heath v. West, where the Court…