Legal Opinion
Earl B. Thompson v. Eric K. Shinseki
United States Court of Appeals for Veterans Claims
Decided November 19, 2010No. 09-1026(E)PublishedCited by 3 opinions
1Opinion of the Court
KASOLD, Chief Judge:
Veteran Earl B. Thompson applies through counsel pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), for an award of attorney fees and expenses. The Secretary argues that compensation under EAJA is not warranted because Mr. Thompson is not a prevailing party and the Secretary’s position was substantially justified. For the reasons set forth below, the application will be denied.
I. BACKGROUND
Mr. Thompson appealed a December 15, 2008, decision of the Board of Veterans’ Appeals (Board) that denied his claim for disability compensation for post-traumatic…
2Cases cited23 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Schafrath v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Adway Maggitt, Jr., Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2000
- Espiritu v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
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3Cited by3 opinions
- Freddie Butts v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
- Freddie Butts v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
- Jay D. Conley v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2018