Tilton v. Brown

KRAMER, Associate Judge:

These cases have been consolidated by the Court to consider the Court’s jurisdiction to entertain appellants’ motions requesting the Court to amend prior remand orders in order to retain jurisdiction for purposes of the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.

I

The Court previously held that EAJA did not apply to its proceedings in Jones (McArthur) v. Derwinski, 2 Vet.App. 231 (1992) (consolidated with Karnas v. Derwinski, No. 90-312) (en banc). While Jones was on appeal to the U.S. Court of Appeals for the Federal Circuit, Congress, on October 29, 1992,…