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8 Vet. App. 331

Smith v. Brown

United States Court of Appeals for Veterans Claims · decided 1995-10-25

Applies 28 U.S.C. § 2412

Relies on Curtis v. Brown · Smith v. Brown

Decided 1995-10-25

¶1ORDER

PER curiam:.

¶2On October 6, 1995, the Court issued an opinion granting attorney fees and expenses to the appellant under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). Smith v. Brown, 8 Vet.App. 327 (1995). The Court awarded attorney fees based on the number of hours the appellant spent litigating his appeal before this Court and preparing his EAJA application.

¶3In his July 10, 1995, reply brief the appellant had asked for an additional $669.07 for his time spent preparing that brief. Reply Brief at 10. Although the appellant is entitled to that amount, a statement to that effect was omitted inadvertently from the Court’s October 6,1995, decision. See Curtis v. Brown, 8 Vet.App. 104, 108 (1995) (acknowledging the award of attorney fees for time spent preparing an EAJA application and “successfully defending a fee application on appeal”).

¶4.'In consideration of the foregoing, it is

¶5ORDERED that the appellant is awarded an additional $669.07 in fees under the EAJA.

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