The United States Court of Appeals for Veterans Claims decision that attorney-petitioner was not entitled to fees for the representation of her veteran-client in connection with a service disability claim is affirmed as, the client does not qualify for fees as the client's claim did not include the requisite evidence to support a total disability rating based on individual unemployability claim before the Board of Veteran Appeals, and as such, his claim was not part of the case as defined in 38 U.S.C. section 5904(c).
Appeal from: United States Court of Appeals for Veterans Claims
Decided November 25, 2009
Opinion by Circuit Judge Rader
For Appellant: Kenneth M. Carpenter
For Appellee: Lauren A. Weeman, Commercial Litigation Branch, US Department of Justice.