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Zuberi v. Nicholson

19 Vet. App. 541 (2006)

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Zuberi v. Nicholson

United States Court of Appeals for Veterans Claims
19 Vet. App. 541 (2006)

CS

Facts

Zuri Zuberi (plaintiff) applied for service-connected-disability benefits to the Department of Veterans Affairs (the VA) (defendant). The VA denied the claim, and Zuberi appealed to the Board of Veterans’ Appeals (the board), which upheld the VA’s denial. Zuberi appealed to the United States Court of Appeals for Veterans Claims (the veterans court). While that appeal was pending, Zuberi and the VA filed a joint motion for a partial remand of the matter back to the board, based on the VA’s acknowledgment that the board had erred by failing to consider Zuberi’s potential entitlement to benefits under a particular diagnostic code. The veterans court granted the remand and dismissed the remaining issues in the appeal, ordering the board to cure the administrative error by considering Zuberi’s claims under the diagnostic code. Following the remand, Zuberi filed an application to the veterans court for an award of costs under the Equal Access to Justice Act (EAJA). The VA argued that Zuberi was not entitled to an EAJA costs award because the remand had not provided Zuberi with prevailing-party status.

Rule of Law

Issue

Holding and Reasoning (Moorman, J.)

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