Mcarthur Jones, Claimant,andmartin M. Karnas, Claimant-appellant, v. Anthony J. Principi, Secretary of Veterans Affairs,respondent-appellee, 985 F.2d 582 (Fed. Cir. 1992)

Before PAULINE NEWMAN, MAYER and LOURIE, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

The only issue in this appeal is whether the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (2), applies to proceedings before the United States Court of Veterans Appeals. On October 29, 1992 the President signed into law the Federal Courts Administration Act of 1992, which amended the EAJA to add the Court of Veterans Appeals to the definition of courts authorized to award attorney fees and expenses under that Act, effective on the date of enactment. The amendment was made applicable, inter alia, to any appeal pending in the Federal Circuit on the date of enactment.

The parties jointly ask this court to vacate the decision of the Court of Veterans Appeals¹  which held that the EAJA was not applicable to proceedings in that court, and to remand to that court for further proceedings consistent with the 1992 amendments. Such action is appropriate. Accordingly, the decision of the Court of Veterans Appeals is vacated, and the case is remanded.