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38 U.S.C. § 7266 — Notice of appeal

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

38 U.S.C. § 7266 — Notice of appeal

**(a)** In order to obtain review by the Court of Appeals for Veterans Claims of a final decision of the Board of Veterans’ Appeals, a person adversely affected by such decision shall file a notice of appeal with the Court within 120 days after the date on which notice of the decision is issued pursuant to [section 7104(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7104/e&num=0&edition=prelim). **(b)** An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court. **(c)** A notice of appeal shall be deemed to be received by the Court as follows: (1) On the date of receipt by the Court, if the notice is delivered. (2) On the date of the United States Postal Service postmark stamped on the cover in which the notice is posted, if the notice is properly addressed to the Court and is mailed. **(d)** For a notice of appeal mailed to the Court to be deemed to be received under subsection (c)(2) on a particular date, the United States Postal Service postmark on the cover in which the notice is posted must be legible. The Court shall determine the legibility of any such postmark and the Court’s determination as to legibility shall be final and not subject to review by any other Court.

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Source file: Laws/federal/codes/united-states-code/title-38/section-7266-notice-of-appeal--874bc68f8e.md
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Source location: Title 38, Chapter 72, § 7266; chapter-072-united-states-court-of-appeals-for-veterans-claims.md

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**(a)** In order to obtain review by the Court of Appeals for Veterans Claims of a final decision of the Board of Veterans’ Appeals, a person adversely affected by such decision shall file a notice of appeal with the Court within 120 days after the date on which notice of the decision is issued pursuant to [section 7104(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7104/e&num=0&edition=prelim). **(b)** An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court. **(c)** A notice of appeal shall be deemed to be received by the Court as follows: (1) On the date of receipt by the Court, if the notice is delivered. (2) On the date of the United States Postal Service postmark stamped on the cover in which the notice is posted, if the notice is properly addressed to the Court and is mailed. **(d)** For a notice of appeal mailed to the Court to be deemed to be received under subsection (c)(2) on a particular date, the United States Postal Service postmark on the cover in which the notice is posted must be legible. The Court shall determine the legibility of any such postmark and the Court’s determination as to legibility shall be final and not subject to review by any other Court.

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

38 U.S.C. § 5100 — Definitions

In this chapter: (1) The term “claimant” means any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary. (2) The term “notice” means a communication issued through means (including electronic means) prescribed by the Secretary.

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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. § 7264 — Rules of practice and procedure

**(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.

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

38 U.S.C. § 7266 — Notice of appeal

Page 1141 TITLE 38—VETERANS’ BENEFITS § 7266 Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsec. (b). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7264’’ for ‘‘4064’’. Subsec. (d). Pub. L. 102–40, § 402(d)(1), substituted ‘‘5904(c)(2)’’ for ‘‘3404(c)(2)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title. § 7264. Rules of practice and procedure (a) The proceedings of the Court of Appeals for Veterans Claims shall be conducted in accord- ance 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 be- fore the Court shall be held sufficient service of such pleading, decision, order, notice, or process if it is properly addressed to the address fur- nished by the appellant on the notice of appeal filed under section 7266 of this title. (c) Section 455 of title 28 shall apply to judges and proceedings of the Court. (Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4116, § 4064; renumbered § 7264 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–82, § 4, Aug. 6, 1991, 105 Stat. 376; Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–368 substituted ‘‘Court of Appeals for Veterans Claims’’ for ‘‘Court of Veterans Appea

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