Greenidge v. Collins – Do It For The Caselaw

Holding: The Federal Circuit held that a veteran is a prevailing party under the Equal Access to Justice Act when the Veterans Court vacates a Board of Veterans' Appeals decision issued without jurisdiction.
Standard: prevailing party status under the Equal Access to Justice Act
Vote: Panel Decision
Practical effect: Veterans who successfully challenge agency decisions issued without jurisdiction may now qualify for attorneys' fees under the Equal Access to Justice Act, even if the court dismisses the appeal rather than remanding the case.

The United States Court of Appeals for the Federal Circuit reversed a Veterans Court ruling that denied attorneys' fees to a veteran. The appellate court held that vacating an agency decision issued without jurisdiction constitutes a material alteration of the legal relationship sufficient to confer prevailing party status under the Equal Access to Justice Act.

Background

Marcos Greenidge, a Vietnam Era veteran, sought an earlier effective date and a higher disability rating for his service-connected PTSD. The Board of Veterans’ Appeals issued a decision denying a higher rating before Greenidge had filed a notice of disagreement, acting without jurisdiction. The Veterans Court vacated the Board’s decision and dismissed Greenidge’s appeal, ruling that Greenidge was not a prevailing party under the Equal Access to Justice Act because the order did not include a remand requiring further agency action.

The court’s reasoning

The Federal Circuit determined that the touchstone for prevailing party status is whether there has been a material alteration of the legal relationship of the parties. The court found that the Veterans Court’s vacatur of the Board’s ultra vires decision and dismissal of the appeal effected a material change by removing an otherwise binding and adverse decision. The court rejected the government’s argument that the outcome was insufficient, noting that the relief was predicated on the Board acting improperly, unlike cases where relief was merely discretionary or did not reach the merits of the agency review action.

What it means going forward

Veterans who successfully challenge agency decisions issued without jurisdiction may now qualify for attorneys’ fees under the Equal Access to Justice Act, even if the court dismisses the appeal rather than remanding the case.