Wagner v. Shinseki, No. 10-7113 (Fed. Cir. 2011)
Annotate this CaseAfter the Board of Veterans’ Appeals denied the veteran's claim for service-connected benefits for a thyroid disorder, the Veterans Court vacated and remanded the case for reconsideration. The veteran sought fees of $11,710.57 for attorney work under the Equal Access to Justice Act, 28 U.S.C. 2412. The district court awarded $8,601.80 and denied a request for supplemental fees for time spent defending the original fee request. The Federal Circuit reversed and remanded. A veteran is entitled to attorney fees incurred throughout the litigation, including those incurred in preparation and defense of the fee application to the extent those fees are defensible; the veteran was partially successful in defending his original fee application.
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