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38 U.S.C. § 7253 — Composition
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
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Source file: Laws/federal/codes/united-states-code/title-38/section-7253-composition--07306a119a.md
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Source location: Title 38, Chapter 72, § 7253; chapter-072-united-states-court-of-appeals-for-veterans-claims.md
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**(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 (1) shall act as the chief judge.
(B) In any case under subparagraph (A) of this paragraph in which there is no judge of the Court in regular active service who meets subparagraph (A) or (B) and subparagraph (C) of paragraph (1), the judge of the Court in regular active service who is senior in commission and meets subparagraph (C) shall act as the chief judge.
(3) Except as provided in paragraph (4), a judge of the Court shall serve as the chief judge under paragraph (1) for a term of five years or until the judge becomes age 70, whichever occurs first. If no other judge is eligible under paragraph (1) to serve as chief judge upon the expiration of that term, that judge shall continue to serve as chief judge until another judge becomes eligible under that paragraph to serve as chief judge.
(4)
(A) The term of a chief judge shall be terminated before the end of the term prescribed by paragraph (3) if—
(i) the chief judge leaves regular active service as a judge of the Court; or
(ii) the chief judge notifies the other judges of the Court in writing that such judge desires to be relieved of the duties of chief judge.
(B) The effective date of a termination of the term under subparagraph (A) shall be the date on which the chief judge leaves regular active service or the date of the notification under subparagraph (A)(ii), as the case may be.
(5) If a chief judge is temporarily unable to perform the duties of chief judge, those duties shall be performed by the judge of the Court in active service who is present, able and qualified to act, and is next in precedence.
(6) Judges who have the same seniority in commission shall be eligible for service as chief judge in accordance with their relative precedence.
**(e) Salary.—** Each judge of the Court shall receive a salary at the same rate as is received by judges of the United States district courts.
**(f) Removal.—**
(1) A judge of the Court may be removed from office by the President on grounds of misconduct, neglect of duty, engaging in the practice of law, or violating [section 7255(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7255/c&num=0&edition=prelim). A judge of the Court may not be removed from office by the President on any other ground.
(2) Before a judge may be removed from office under this subsection, the judge shall be provided with a full specification of the reasons for the removal and an opportunity to be heard.
**(g) Rules.—**
(1) The Court shall prescribe rules, consistent with the provisions of chapter 16 of title 28, establishing procedures for the filing of complaints with respect to the conduct of any judge of the Court and for the investigation and resolution of such complaints. In investigating and taking action with respect to any such complaint, the Court shall have the powers granted to a judicial council under such chapter.
(2) The provisions of sections 354(b) through 360 of title 28, regarding referral or certification to, and petition for review in, the Judicial Conference of the United States and action thereon, shall apply to the exercise by the Court of the powers of a judicial council under paragraph (1) of this subsection. The grounds for removal from office specified in subsection (f)(1) shall provide a basis for a determination pursuant to section 354(b) or 355 of title 28, and certification and transmittal by the Conference shall be made to the President for consideration under subsection (f).
(3)
(A) In conducting hearings pursuant to paragraph (1), the Court may exercise the authority provided under [section 1821 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1821&num=0&edition=prelim) to pay the fees and allowances described in that section.
(B) The Court shall have the power provided under [section 361 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section361&num=0&edition=prelim) to award reimbursement for the reasonable expenses described in that section. Reimbursements under this subparagraph shall be made from funds appropriated to the Court.
**(h) Temporary Expansion of Court.—**
(1) During the period from January 1, 2002, through August 15, 2005, the authorized number of judges of the Court specified in subsection (a) is increased by two.
(2)
(A) Of the two additional judges authorized by this subsection—
(i) only one may be appointed pursuant to a nomination made in 2002; and
(ii) only one may be appointed pursuant to a nomination made in 2003.
(B) If a judge is not appointed under this subsection pursuant to a nomination made in 2002, a judge may be appointed under this subsection pursuant to a nomination made in 2004. If a judge is not appointed under this subsection pursuant to a nomination made in 2003, a judge may be appointed under this subsection pursuant to a nomination made in 2004. In either case, such an appointment may be made only pursuant to a nomination made before October 1, 2004.
(3) The term of office and the eligibility for retirement of a judge appointed under this subsection, other than a judge described in paragraph (4), are governed by the provisions of section 1012 of the Court of Appeals for Veterans Claims Amendments of 1999 (title X of Public Law 106–117; 113 Stat. 1590; [38 U.S.C. 7296](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296&num=0&edition=prelim) note) if the judge is one of the first two judges appointed to the Court after November 30, 1999.
(4) A judge of the Court as of December 27, 2001, who was appointed to the Court before January 1, 1991, may accept appointment as a judge of the Court under this subsection notwithstanding that the term of office of the judge on the Court has not yet expired under this section. The term of office of an incumbent judge who receives an appointment as described in the preceding sentence shall be 15 years, which includes any period remaining in the unexpired term of the judge. Any service following an appointment under this subsection shall be treated as though served as part of the original term of office of that judge on the Court.
(5) Notwithstanding paragraph (1), an appointment may not be made to the Court if the appointment would result in there being more than seven judges on the Court who were appointed after January 1, 1997. For the purposes of this paragraph, a judge serving in recall status under [section 7257 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7257&num=0&edition=prelim) shall be disregarded in counting the number of judges appointed to the Court after such date.
**(i) Additional Temporary Expansion of Court.—**
(1)
(A) Subject to paragraph (2), effective during the period beginning on December 31, 2009, and ending on the date of the enactment of the Veterans Benefits Improvement Act of 2024, the authorized number of judges of the Court specified in subsection (a) is increased by two.
(B) Subject to paragraph (2), effective as of the date of the enactment of the Veterans Benefits Improvement Act of 2024, the authorized number of judges of the Court specified in subsection (a) is increased by three.
(2) Effective as of January 1, 2028, an appointment may not be made to the Court if the appointment would result in there being more judges of the Court than the authorized number of judges of the Court specified in subsection (a).
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Federal law — U.S. Code and appendices · legal_authorities
Upon the request of a judge whose conduct is the subject of a complaint under this chapter, the judicial council may, if the complaint has been finally dismissed under section 354(a)(1)(B), recommend that the Director of the Administrative Office of the United States Courts award reimbursement, from funds appropriated to the Federal judiciary, for those reasonable expenses, including attorneys’ fees, incurred by that judge during the investigation which would not have been incurred but for the requirements of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 361
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A retired judge of the Court may be recalled for further service on the Court in accordance with this section. To be eligible to be recalled for such service, a retired judge must at the time of the judge’s retirement provide to the chief judge of the Court (or, in the case of the chief judge, to the clerk of the Court) notice in writing that the retired judge is available for further service on the Court in accordance with this section and is willing to be recalled under this section. Such a notice provided by a retired judge to whom [section 7296(c)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296/c/1/B&num=0&edition=prelim) applies is irrevocable.
(2) For the purposes of this section—
(A) a retired judge is a judge of the Court of Appeals for Veterans Claims who retires from the Court 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; and
(B) a recall-eligible retired judge is a retired judge who has provided a notice under paragraph (1).
**(b)**
(1) The chief judge may recall for further service on the Court a recall-eligible retired judge in accordance with this section. Such a recall shall be made upon written certification by the chief judge that substantial service is expected to be performed by the retired judge for such period, not to exceed 90 days (or the equivalent), as determined by the chief judge to be necessary to meet the needs of the Court.
(2) A recall-eligible retired judge may not be recalled for more than 90 days (or the equivalent) during any calendar year without the judge’s consent.
(3) If a recall-eligible retired judge is recalled by the chief
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7257
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as otherwise provided by law, a witness in attendance at any court of the United States, or before a United States Magistrate Judge, or before any person authorized to take his deposition pursuant to any rule or order of a court of the United States, shall be paid the fees and allowances provided by this section.
(2) As used in this section, the term “court of the United States” includes, in addition to the courts listed in [section 451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim), any court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States.
**(b)** A witness shall be paid an attendance fee of $40 per day for each day’s attendance. A witness shall also be paid the attendance fee for the time necessarily occupied in going to and returning from the place of attendance at the beginning and end of such attendance or at any time during such attendance.
**(c)**
(1) A witness who travels by common carrier shall be paid for the actual expenses of travel on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from such witness’s residence by the shortest practical route in going to and returning from the place of attendance. Such a witness shall utilize a common carrier at the most economical rate reasonably available. A receipt or other evidence of actual cost shall be furnished.
(2) A travel allowance equal to the mileage allowance which the Administrator of General Services has prescribed, pursuant to [section 5704 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5704&num=0&edition=prelim), for official travel of employ
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1821
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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) Principal Office.—** The principal office of the Court of Appeals for Veterans Claims shall be in the Washington, D.C., metropolitan area, but the Court may sit at any place within the United States.
**(b) Official Duty Stations.—**
(1) Except as provided in paragraph (2), the official duty station of each judge while in active service shall be the principal office of the Court of Appeals for Veterans Claims.
(2) The place where a recall-eligible retired judge maintains the actual abode in which such judge customarily lives shall be considered the recall-eligible retired judge’s official duty station.
**(c) Residences.—**
(1) Except as provided in paragraph (2), after appointment and while in active service, each judge of the Court of Appeals for Veterans Claims shall reside within 50 miles of the Washington, D.C., metropolitan area.
(2) Paragraph (1) shall not apply to recall-eligible retired judges of the Court of Appeals for Veterans Claims.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7255
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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
The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing of Complaint by Any Person.—** Any person alleging that a judge has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of office by reason of mental or physical disability, may file with the clerk of the court of appeals for the circuit a written complaint containing a brief statement of the facts constituting such conduct.
**(b) Identifying Complaint by Chief Judge.—** In the interests of the effective and expeditious administration of the business of the courts and on the basis of information available to the chief judge of the circuit, the chief judge may, by written order stating reasons therefor, identify a complaint for purposes of this chapter and thereby dispense with filing of a written complaint.
**(c) Transmittal of Complaint.—** Upon receipt of a complaint filed under subsection (a), the clerk shall promptly transmit the complaint to the chief judge of the circuit, or, if the conduct complained of is that of the chief judge, to that circuit judge in regular active service next senior in date of commission (hereafter, for purposes of this chapter only, included in the term “chief judge”). The clerk shall simultaneously transmit a copy of the complaint to the judge whose conduct is the subject of the complaint. The clerk shall also transmit a copy of any complaint identified under subsection (b) to the judge whose conduct is the subject of the complaint.
**(d) Definitions.—** In this chapter—
(1) the term “judge” means a circuit judge, district judge, bankruptcy judge, or magistrate judge; and
(2) the term “complainant” means the person filing a complaint under subsection (a) of this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 351
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Court of Appeals for Veterans Claims shall have a seal which shall be judicially noticed.
**(b)** The Court may hear cases by judges sitting alone or in panels, as determined pursuant to procedures established by the Court. Any such panel shall have not less than three judges. The Court shall establish procedures for the assignment of the judges of the Court to such panels and for the designation of the chief of each such panel.
**(c)**
(1) A majority of the judges of the Court shall constitute a quorum for the transaction of the business of the Court. A vacancy in the Court shall not impair the powers or affect the duties of the Court or of the remaining judges of the Court.
(2) A majority of the judges of a panel of the Court shall constitute a quorum for the transaction of the business of the panel. A vacancy in a panel of the Court shall not impair the powers or affect the duties of the panel or of the remaining judges of the panel.
**(d) Precedence of Judges.—** The chief judge of the Court shall have precedence and preside at any session that the chief judge attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.
**(e)** Judges of the Court shall have the authority to administer oaths.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7254
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7281
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