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38 U.S.C. § 7252 — Jurisdiction; finality of decisions

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7252 — Jurisdiction; finality of decisions

**(a)** The Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review decisions of the Board of Veterans’ Appeals. The Secretary may not seek review of any such decision. The Court shall have power to affirm, modify, or reverse a decision of the Board or to remand the matter, as appropriate. **(b)** Review in the Court shall be on the record of proceedings before the Secretary and the Board. The extent of the review shall be limited to the scope provided in [section 7261 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7261&num=0&edition=prelim). The Court may not review the schedule of ratings for disabilities adopted under [section 1155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1155&num=0&edition=prelim) or any action of the Secretary in adopting or revising that schedule. **(c)** Decisions by the Court are subject to review as provided in [section 7292 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7292&num=0&edition=prelim).

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Source location: Title 38, Chapter 72, § 7252; chapter-072-united-states-court-of-appeals-for-veterans-claims.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7251 — Status

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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7261 — Scope of review

**(a)** In any action brought under this chapter, the Court of Appeals for Veterans Claims, to the extent necessary to its decision and when presented, shall— (1) decide all relevant questions of law, interpret constitutional, statutory, and regulatory provisions, and determine the meaning or applicability of the terms of an action of the Secretary; (2) compel action of the Secretary unlawfully withheld or unreasonably delayed; (3) hold unlawful and set aside decisions, findings (other than those described in clause (4) of this subsection), conclusions, rules, and regulations issued or adopted by the Secretary, the Board of Veterans’ Appeals, or the Chairman of the Board found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or in violation of a statutory right; or (D) without observance of procedure required by law; and (4) in the case of a finding of material fact adverse to the claimant made in reaching a decision in a case before the Department with respect to benefits under laws administered by the Secretary, hold unlawful and set aside or reverse such finding if the finding is clearly erroneous. **(b)** In making the determinations under subsection (a), the Court shall review the record of proceedings before the Secretary and the Board of Veterans’ Appeals pursuant to [section 7252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7252/b&num=0&edition=prelim) and shall— (1) take due account of the Secretary’s application of [section 5107(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-titl

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7292 — Review by United States Court of Appeals for the Federal Circuit

**(a)** After a decision of the United States Court of Appeals for Veterans Claims is entered in a case, any party to the case may obtain a review of the decision with respect to the validity of a decision of the Court on a rule of law or of any statute or regulation (other than a refusal to review the schedule of ratings for disabilities adopted under [section 1155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1155&num=0&edition=prelim)) or any interpretation thereof (other than a determination as to a factual matter) that was relied on by the Court in making the decision. Such a review shall be obtained by filing a notice of appeal with the Court of Appeals for Veterans Claims within the time and in the manner prescribed for appeal to United States courts of appeals from United States district courts. **(b)** (1) When a judge or panel of the Court of Appeals for Veterans Claims, in making an order not otherwise appealable under this section, determines that a controlling question of law is involved with respect to which there is a substantial ground for difference of opinion and that there is in fact a disagreement between the appellant and the Secretary with respect to that question of law and that the ultimate termination of the case may be materially advanced by the immediate consideration of that question, the judge or panel shall notify the chief judge of that determination. Upon receiving such a notification, the chief judge shall certify that such a question is presented, and any party to the case may then petition the Court of Appeals for the Federal Circuit to decide the question. That court may permit an interlocutory appeal to be taken on that question if such a petition is filed with it within 10 days after th

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1155 — Authority for schedule for rating disabilities

The Secretary shall adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations. The schedule shall be constructed so as to provide ten grades of disability and no more, upon which payments of compensation shall be based, namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, 80 percent, 90 percent, and total, 100 percent. The Secretary shall from time to time readjust this schedule of ratings in accordance with experience. However, in no event shall such a readjustment in the rating schedule cause a veteran’s disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran’s disability is shown to have occurred.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7252 — Jurisdiction; finality of decisions

Page 1134 TITLE 38—VETERANS’ BENEFITS § 7252 100–687, known as the ‘Veterans’ Judicial Review Act’, see Tables for classification] shall take effect on Sep- tember 1, 1989. ‘‘(b) EFFECTIVE DATE FOR CERTAIN TRANSITION PROVI- SIONS.—The amendment made by section 201(a) [amend- ing section 4001 [now 7101] of this title] shall take effect on February 1, 1989. ‘‘(c) DATE OF ENACTMENT.—Sections 201 (other than subsection (a)), 208, 209, 302, and 303, and the amend- ments made by those sections [see Tables for classifica- tion], shall take effect on the date of the enactment of this Act [Nov. 18, 1988]. ‘‘(d) BOARD OF VETERANS’ APPEALS.—Sections 202, 203, 205, 206, and 207 [see Tables for classification] shall take effect as of January 1, 1989. Section 204 [amending sec- tion 4004 [now 7104] of this title] shall take effect on September 1, 1989. ‘‘(e) COMMENCEMENT OF OPERATION OF COURT OF VET- ERANS APPEALS.—Notwithstanding subsection (a), the United States Court of Veterans Appeals [now United States Court of Appeals for Veterans Claims] estab- lished pursuant to chapter 72 of title 38, United States Code (as added by section 301) shall not begin to oper- ate until at least three judges have been appointed to the court.’’ CHAPTER APPLICABLE TO CLAIMS ALLEGING PREVIOUS DETERMINATION THE PRODUCT OF CLEAR AND UNMIS- TAKABLE ERROR Pub. L. 105–111, § 1(c)(2), Nov. 21, 1997, 111 Stat. 2272, provided that: ‘‘Notwithstanding section 402 of the Vet- erans Judicial Review Act (38 U.S.C. 7251 note), chapter 72 of title 38, United States Code, shall apply with re- spect to any decision of the Board of Veterans’ Appeals on a claim alleging that a previous determination of the Board was the product of clear and unmistakable error if that claim is filed after, or was p

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