Zuberi v. Nicholson, 2006

  • Organization: CAVC
  • Document Type: Case law/admin decisions
  • Date Created: Tuesday, December 13, 2016
  • Submitted: Tuesday, December 13, 2016
  • Attachment(s): PDF

Before MOORMAN, DAVIS, and SCHOELEN, Judges.
MOORMAN, Judge:  The appellant, veteran Zuri Zuberi, previously appealed, through counsel, a January 16, 2004, decision of the Board of Veterans' Appeals (Board) that, inter alia, denied entitlement to VA service connection for hepatitis A.  Prior to briefing, the parties filed a joint motion for remand, which was granted by an order of the Clerk on May 3, 2005.  Currently pending before the Court is the appellant's May 25, 2005, application, timely filed 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 in the amount of $6,051.54.  The Secretary filed a response in which he argues that the EAJA application should be denied because the appellant is not a "prevailing party" within the meaning of the statute.  For the reasons set forth below, the Court will grant the application in full.
Upon consideration of the foregoing analysis, the appellant's May 2005 EAJA application is GRANTED … .