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38 U.S.C. § 7281 — Employees
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Court of Appeals for Veterans Claims may appoint a clerk without regard to the provisions of title 5 governing appointments in the competitive service. The clerk shall serve at the pleasure of the Court.
**(b)** The judges of the Court may appoint law clerks and secretaries, in such numbers as the Court may approve, without regard to the provisions of title 5 governing appointments in the competitive service. Any such law clerk or secretary shall serve at the pleasure of the appointing judge.
**(c)** The clerk, with the approval of the Court, may appoint necessary deputies and employees without regard to the provisions of title 5 governing appointments in the competitive service.
**(d)** The Court may fix and adjust the rates of basic pay for the clerk and other employees of the Court without regard to the provisions of chapter 51, subchapter III of chapter 53, or [section 5373 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5373&num=0&edition=prelim). To the maximum extent feasible, the Court shall compensate employees at rates consistent with those for employees holding comparable positions in the judicial branch.
**(e)** In making appointments under subsections (a) through (c) of this section, preference shall be given, among equally qualified persons, to persons who are preference eligibles (as defined in [section 2108(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108/3&num=0&edition=prelim)).
**(f)** The Court may procure the services of experts and consultants under [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim).
**(g)** The chief judge of the Court may exercise the authority of the C
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Stable record: federal_law:legal_authorities:record_usc_09a8305386018861b7d0d71d
Source file: Laws/federal/codes/united-states-code/title-38/section-7281-employees--4c6b1ff043.md
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Source location: Title 38, Chapter 72, § 7281; chapter-072-united-states-court-of-appeals-for-veterans-claims.md
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**(a)** The Court of Appeals for Veterans Claims may appoint a clerk without regard to the provisions of title 5 governing appointments in the competitive service. The clerk shall serve at the pleasure of the Court.
**(b)** The judges of the Court may appoint law clerks and secretaries, in such numbers as the Court may approve, without regard to the provisions of title 5 governing appointments in the competitive service. Any such law clerk or secretary shall serve at the pleasure of the appointing judge.
**(c)** The clerk, with the approval of the Court, may appoint necessary deputies and employees without regard to the provisions of title 5 governing appointments in the competitive service.
**(d)** The Court may fix and adjust the rates of basic pay for the clerk and other employees of the Court without regard to the provisions of chapter 51, subchapter III of chapter 53, or [section 5373 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5373&num=0&edition=prelim). To the maximum extent feasible, the Court shall compensate employees at rates consistent with those for employees holding comparable positions in the judicial branch.
**(e)** In making appointments under subsections (a) through (c) of this section, preference shall be given, among equally qualified persons, to persons who are preference eligibles (as defined in [section 2108(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108/3&num=0&edition=prelim)).
**(f)** The Court may procure the services of experts and consultants under [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim).
**(g)** The chief judge of the Court may exercise the authority of the Court under this section whenever there are not at least two other judges of the Court.
**(h)** The Court shall not be considered to be an agency within the meaning of [section 3132(a)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/1&num=0&edition=prelim).
**(i)** The Court may accept and utilize voluntary services and uncompensated (gratuitous) services, including services as authorized by [section 3102(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3102/b&num=0&edition=prelim) and may accept, hold, administer, and utilize gifts and bequests of personal property for the purposes of aiding or facilitating the work of the Court. Gifts or bequests of money to the Court shall be covered into the Treasury.
**(j)** For purposes of chapter 87 of title 5, a judge who is in regular active service and a judge who is retired under [section 7296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296&num=0&edition=prelim) or under chapter 83 or 84 of title 5 shall be treated as an employee described in [section 8701(a)(5) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8701/a/5&num=0&edition=prelim).
**(k)** Notwithstanding any other provision of law, the Court may pay on behalf of its judges, who are age 65 or older, any increase in the cost of Federal Employees’ Group Life Insurance imposed after April 24, 1999, including any expenses generated by such payments, as authorized by the chief judge of the Court in a manner consistent with such payment authorized by the Judicial Conference of the United States pursuant to [section 604(a)(5) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section604/a/5&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Composition.—** The Court of Appeals for Veterans Claims is composed of at least three and not more than seven judges, one of whom shall serve as chief judge in accordance with subsection (d).
**(b) Appointment.—** The judges of the Court shall be appointed by the President, by and with the advice and consent of the Senate, solely on the grounds of fitness to perform the duties of the office. A person may not be appointed to the Court who is not a member in good standing of the bar of a Federal court or of the highest court of a State. Not more than the number equal to the next whole number greater than one-half of the number of judges of the Court may be members of the same political party.
**(c) Term of Office.—** The term of office of the judges of the Court of Appeals for Veterans Claims shall be 15 years. A judge who is nominated by the President for appointment to an additional term on the Court without a break in service and whose term of office expires while that nomination is pending before the Senate may continue in office for up to 1 year while that nomination is pending.
**(d) Chief Judge.—**
(1) The chief judge of the Court is the head of the Court. The chief judge of the Court shall be the judge of the Court in regular active service who is senior in commission among the judges of the Court who—
(A) have served for one or more years as judges of the Court;
(B) have at least 3 years remaining in term of office; and
(C) have not previously served as chief judge.
(2)
(A) In any case in which there is no judge of the Court in regular active service who meets the requirements under paragraph (1), the judge of the Court in regular active service who is senior in commission and meets subparagraph (A) or (B) and subparagraph (C) of paragraph
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7253
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b) and by the Government Employees Salary Reform Act of 1964 (78 Stat. 400) and notwithstanding the provisions of other statutes, the head of an Executive agency or military department who is authorized to fix by administrative action the annual rate of basic pay for a position or employee may not fix the rate at more than the rate for level IV of the Executive Schedule. This section does not impair the authorities provided by—
(1) sections 248, 482, 1766, and 1819 of title 12, section 206 of the Bank Conservation Act, sections 2B(b) 11 See References in Text note below. and 21A(e)(4) 1 of the Federal Home Loan Bank Act, section 2A(i) 1 of the Home Owners’ Loan Act, and sections 5.11 and 5.58 of the Farm Credit Act of 1971;
(2) [section 831b of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section831b&num=0&edition=prelim);
(3) sections 403a–403c, 403e–403h, and 403j of title 50; 1 or
(4) 22 So in original. Two pars. (4) have been enacted. section 4802.
(4) 2 section 2(a)(7) of the Commodity Exchange Act ([7 U.S.C. 2(a)(7)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2/a/7&num=0&edition=prelim)).
**(b)** Subsection (a) shall not affect the authority of the Secretary of Defense or the Secretary of a military department to fix the pay of a civilian employee paid from nonappropriated funds, except that the annual rate of basic pay (including any portion of such pay attributable to comparability with private-sector pay in a locality) of such an employee may not be fixed at a rate greater than the rate for level III of the Executive Schedule.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5373
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Federal law — U.S. Code and appendices · legal_authorities
There is hereby established, under Article I of the Constitution of the United States, a court of record to be known as the United States Court of Appeals for Veterans Claims.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7251
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and
(2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim).
**(b)** When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to—
(1) the provisions of this title governing appointment in the competitive service;
(2) chapter 51 and subchapter III of chapter 53 of this title; and
(3) section 6101(b) to (d) of title 41, except in the case of stenographic reporting services by an organization.
However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under [section 5332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) only when specifically authorized by the appropriation or other statute authorizing the procurement of the services.
**(c)** Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section.
**(d)** The Office of Personnel Management shall prescribe regulations necessary for the administration of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3109
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of this section:
(1) The term “Court” means the United States Court of Appeals for Veterans Claims.
(2) The term “judge” means a judge of the Court.
**(b)**
(1) A judge who meets the age and service requirements set forth in the following table may retire: The judge has attained age:And the years of service as a judge are at least 6515 6614 6713 6812 6911 7010
(2) A judge who is not reappointed following the expiration of the term for which appointed may retire upon the completion of that term if the judge has served as a judge of the Court for 15 years or more.
(3) A judge who becomes permanently disabled and as a result of that disability is unable to perform the duties of the office shall retire.
**(c)**
(1)
(A) A judge who is appointed on or after the date of the enactment of the Veterans’ Benefits Improvement Act of 2008 and who retires under subsection (b) and elects under subsection (d) to receive retired pay under this subsection shall (except as provided in paragraph (2)) receive retired pay as follows:
(i) In the case of a judge who is a recall-eligible retired judge under [section 7257 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7257&num=0&edition=prelim), the retired pay of the judge shall (subject to [section 7257(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7257/d/2&num=0&edition=prelim)) be the rate of pay applicable to that judge at the time of retirement, as adjusted from time to time under subsection (f)(3).
(ii) In the case of a judge other than a recall-eligible retired judge, the retired pay of the judge shall be the rate of pay applicable to that judge at the time of retirement.
(B) A judge who retired befo
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7296
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Federal law — U.S. Code and appendices · legal_authorities
Page 1143
TITLE 38—VETERANS’ BENEFITS
§ 7281
11, 1998, see section 513 of Pub. L. 105–368, set out as a
note under section 7251 of this title.
§ 7268. Availability of proceedings
(a) Except as provided in subsection (b) of this
section, all decisions of the Court of Appeals for
Veterans Claims and all briefs, motions, docu-
ments, and exhibits received by the Court (in-
cluding a transcript of the stenographic report
of the hearings) shall be public records open to
the inspection of the public.
(b)(1) The Court may make any provision
which is necessary to prevent the disclosure of
confidential information, including a provision
that any such document or information be
placed under seal to be opened only as directed
by the Court.
(2) After the decision of the Court in a pro-
ceeding becomes final, the Court may, upon mo-
tion of the appellant or the Secretary, permit
the withdrawal by the party entitled thereto of
originals of books, documents, and records, and
of models, diagrams, and other exhibits, sub-
mitted to the Court or the Court may, on its
own motion, make such other disposition there-
of as it considers advisable.
(c)(1) The Court shall prescribe rules, in ac-
cordance with section 7264(a) of this title, to
protect privacy and security concerns relating
to all filing of documents and the public avail-
ability under this subsection of documents re-
tained by the Court or filed electronically with
the Court.
(2) The rules prescribed under paragraph (1)
shall be consistent to the extent practicable
with rules addressing privacy and security
issues throughout the Federal courts.
(3) The rules prescribed under paragraph (1)
shall take into consideration best practices in
Federal and State courts to protect private in-
formation or othe
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7281
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