Friday, August 30, 2013

Cline v. Shinseki

Cline v. Shinseki, docket no. 10-3543(E) (Vet. App. Aug. 30, 2013)
In this Equal Access to Justice (EAJA) case, the Veterans Court applied the “totality of the circumstances” approach to reviewing whether the Secretary’s actions were substantially justified and determined that they were not. Nevertheless, the Court reduced the attorney’s fees because the attorney did not (1) reduce the amount of hours spent by his paralegal on “non-prevailing” issues, pursuant to Vazquez-Flores v. Shinseki, 26 Vet.App. 9, 15 (2013), and (2) specify what his “travel expenses” were.

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