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38 U.S.C. § 7263 — Representation of parties; fee agreements
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall be represented before the Court of Appeals for Veterans Claims by the General Counsel of the Department.
**(b)** Representation of appellants shall be in accordance with the rules of practice prescribed by the Court under [section 7264 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7264&num=0&edition=prelim). In addition to members of the bar admitted to practice before the Court in accordance with such rules of practice, the Court may allow other persons to practice before the Court who meet standards of proficiency prescribed in such rules of practice.
**(c)** A person who represents an appellant before the Court shall file a copy of any fee agreement between the appellant and that person with the Court at the time the appeal is filed. The Court, on its own motion or the motion of any party, may review such a fee agreement.
**(d)** In reviewing a fee agreement under subsection (c) of this section or under [section 5904(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5904/c/2&num=0&edition=prelim), the Court may affirm the finding or order of the Board and may order a reduction in the fee called for in the agreement if it finds that the fee is excessive or unreasonable. An order of the Court under this subsection is final and may not be reviewed in any other court.
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Source location: Title 38, Chapter 72, § 7263; chapter-072-united-states-court-of-appeals-for-veterans-claims.md
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**(a)** The Secretary shall be represented before the Court of Appeals for Veterans Claims by the General Counsel of the Department.
**(b)** Representation of appellants shall be in accordance with the rules of practice prescribed by the Court under [section 7264 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7264&num=0&edition=prelim). In addition to members of the bar admitted to practice before the Court in accordance with such rules of practice, the Court may allow other persons to practice before the Court who meet standards of proficiency prescribed in such rules of practice.
**(c)** A person who represents an appellant before the Court shall file a copy of any fee agreement between the appellant and that person with the Court at the time the appeal is filed. The Court, on its own motion or the motion of any party, may review such a fee agreement.
**(d)** In reviewing a fee agreement under subsection (c) of this section or under [section 5904(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5904/c/2&num=0&edition=prelim), the Court may affirm the finding or order of the Board and may order a reduction in the fee called for in the agreement if it finds that the fee is excessive or unreasonable. An order of the Court under this subsection is final and may not be reviewed in any other court.
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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)** The proceedings of the Court of Appeals for Veterans Claims shall be conducted in accordance with such rules of practice and procedure as the Court prescribes.
**(b)** The mailing of a pleading, decision, order, notice, or process in respect of proceedings before the Court shall be held sufficient service of such pleading, decision, order, notice, or process if it is properly addressed to the address furnished by the appellant on the notice of appeal filed under [section 7266 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7266&num=0&edition=prelim).
**(c)** [Section 455 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section455&num=0&edition=prelim) shall apply to judges and proceedings of the Court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7264
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Federal law — U.S. Code and appendices · legal_authorities
Page 1140
TITLE 38—VETERANS’ BENEFITS
§ 7262
2095; renumbered § 7261, Pub. L. 102–40, title IV,
§ 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.
102–54, § 14(e)(3), June 13, 1991, 105 Stat. 287; Pub.
L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6,
1991, 105 Stat. 403–405; Pub. L. 105–368, title V,
§ 512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L.
107–330, title IV, § 401(a), (b), Dec. 6, 2002, 116
Stat. 2832.)
Editorial Notes
AMENDMENTS
2002—Subsec. (a)(4). Pub. L. 107–330, § 401(a), inserted
‘‘adverse to the claimant’’ after ‘‘material fact’’ and
‘‘or reverse’’ after ‘‘and set aside’’.
Subsec. (b). Pub. L. 107–330, § 401(b), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as
follows: ‘‘In making the determinations under sub-
section (a) of this section, the Court shall take due ac-
count of the rule of prejudicial error.’’
1998—Subsec. (a). Pub. L. 105–368 substituted ‘‘Court
of Appeals for Veterans Claims’’ for ‘‘Court of Veterans
Appeals’’ in introductory provisions.
1991—Pub. L. 102–40 renumbered section 4061 of this
title as this section.
Subsec. (a)(1) to (3). Pub. L. 102–83, § 4(b)(1), (2)(E),
substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever
appearing.
Subsec. (a)(4). Pub. L. 102–83, § 4(a)(3), (4), substituted
‘‘Department’’ for ‘‘Veterans’ Administration’’.
Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by
the Secretary’’ for ‘‘administered by the Veterans’ Ad-
ministration’’.
Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted
‘‘Secretary’’ for ‘‘Administrator’’.
Pub. L. 102–54 amended subsec. (c) as in effect imme-
diately before the enactment of Pub. L. 102–40 by sub-
stituting ‘‘Court’’ for ‘‘court’’.
Subsec. (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted
‘‘Secretary’’ f
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7263
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