United States Court of Appeals for Veterans Claims April 28, 1998, No. 95-1237 (Helfer v. West)

HOLDAWAY, Judge:

Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), the appellant, Stephen L. Heifer, seeks costs and attorneys fees incurred in the prosecution of a claim on appeal. The Secretary opposes the application on the sole ground that his position was justified.

I.