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38 U.S.C. § 7261 — Scope of review
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-38/section-7261-scope-of-review--1109d98d56.md
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Source location: Title 38, Chapter 72, § 7261; chapter-072-united-states-court-of-appeals-for-veterans-claims.md
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**(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-title38-section5107/b&num=0&edition=prelim); and
(2) take due account of the rule of prejudicial error.
**(c)** In no event shall findings of fact made by the Secretary or the Board of Veterans’ Appeals be subject to trial de novo by the Court.
**(d)** When a final decision of the Board of Veterans’ Appeals is adverse to a party and the sole stated basis for such decision is the failure of the party to comply with any applicable regulation prescribed by the Secretary, the Court shall review only questions raised as to compliance with and the validity of the regulation.
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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 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7252
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Federal law — U.S. Code and appendices · legal_authorities
Page 1139
TITLE 38—VETERANS’ BENEFITS
§ 7261
(3) If a recall-eligible retired judge is recalled
by the chief judge in accordance with this sec-
tion and (other than in the case of a judge who
has previously during that calendar year served
at least 90 days (or the equivalent) of recalled
service on the court) declines (other than by
reason of disability) to perform the service to
which recalled, the chief judge shall remove that
retired judge from the status of a recall-eligible
judge. This paragraph shall not apply to a judge
to whom section 7296(c)(1)(A) or 7296(c)(1)(B) of
this title applies and who has, in the aggregate,
served at least five years of recalled service on
the Court under this section.
(4) A recall-eligible retired judge who becomes
permanently disabled and as a result of that dis-
ability is unable to perform further service on
the Court shall be removed from the status of a
recall-eligible judge. Determination of such a
disability shall be made pursuant to section
7253(g) or 7296(g) of this title.
(c) A retired judge who is recalled under this
section may exercise all of the judicial powers
and duties of the office of a judge in active serv-
ice.
(d)(1) The pay of a recall-eligible retired judge
to whom section 7296(c)(1)(B) of this title applies
is the pay specified in that section.
(2) A judge who is recalled under this section
who retired under chapter 83 or 84 of title 5 or to
whom section 7296(c)(1)(A) of this title applies
shall be paid, during the period for which the
judge serves in recall status, pay at the rate of
pay in effect under section 7253(e) of this title
for a judge performing active service, less the
amount of the judge’s annuity under the appli-
cable provisions of chapter 83 or 84 of title 5 or
t
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7261
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