Cameron v. McDonough, No. 2020-1839(Decided: June 9, 2021); attorney fees; 2006 amendment to 38 U.S.C. § 5904;

United States Court of Appeals for the Federal Circuit

JOHN F. CAMERON, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee

2020-1839

Appeal from the United States Court of Appeals for Veterans Claims in No. 18-2121, Judge Michael P. Allen, Judge William S. Greenberg, Judge Joseph L. Toth.
__________ Decided: June 9, 2021 __________
KENNETH M. CARPENTER, Law Offices of Carpenter Chartered, Topeka, KS, argued for claimant-appellant. AMANDA TANTUM, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washing-ton, DC, argued for respondent-appellee. Also represented by CLAUDIA BURKE, JEFFREY B. CLARK, ROBERT EDWARD KIRSCHMAN, JR.; CHRISTOPHER O. ADELOYE, CHRISTA A. SHRIBER, Office of General Counsel, United States Depart-ment of Veterans Affairs, Washington, DC.
__________ Case: 20-1839 Document: 41 Page: 1 Filed: 06/09/2021
2 CAMERON v. MCDONOUGH
Before MOORE, Chief Judge*, TARANTO and HUGHES, Circuit Judges.
HUGHES, Circuit Judge.
John Cameron appeals the decision of the Veterans Court denying his attorney’s fees for certain services performed prior to a final decision by the Board of Veterans’ Appeals. Because we agree with the Veterans Court that the 2006 amendment to 38 U.S.C. § 5904, in effect at the time he petitioned for the fees, plainly limited payment of such fees to cases in which a Notice of Disagreement was filed on or after June 20, 2007, we affirm.
I
The basic facts of this appeal are not disputed. As rele-vant here, Mr. Cameron sought attorney’s fees from the Department of Veterans Affairs for services performed on behalf of a U.S. Army veteran, Charles Bolden, prior to