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38 U.S.C. § 7292 — Review by United States Court of Appeals for the Federal Circuit
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-38/section-7292-review-by-united-states-court-of-appeals-for-the-federal-circuit--a3e228e518.md
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Source location: Title 38, Chapter 72, § 7292; chapter-072-united-states-court-of-appeals-for-veterans-claims.md
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**(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 the certification by the chief judge of the Court of Appeals for Veterans Claims. Neither the application for, nor the granting of, an appeal under this paragraph shall stay proceedings in the Court of Appeals for Veterans Claims, unless a stay is ordered by a judge of the Court of Appeals for Veterans Claims or by the Court of Appeals for the Federal Circuit.
(2) For purposes of subsections (d) and (e) of this section, an order described in this paragraph shall be treated as a decision of the Court of Appeals for Veterans Claims.
**(c)** The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction to review and decide any challenge to the validity of any statute or regulation or any interpretation thereof brought under this section, and to interpret constitutional and statutory provisions, to the extent presented and necessary to a decision. The judgment of such court shall be final subject to review by the Supreme Court upon certiorari, in the manner provided in [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
**(d)**
(1) The Court of Appeals for the Federal Circuit shall decide all relevant questions of law, including interpreting constitutional and statutory provisions. The court shall hold unlawful and set aside any regulation or any interpretation thereof (other than a determination as to a factual matter) that was relied upon in the decision of the Court of Appeals for Veterans Claims that the Court of Appeals for the Federal Circuit finds 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.
(2) Except to the extent that an appeal under this chapter presents a constitutional issue, the Court of Appeals may not review (A) a challenge to a factual determination, or (B) a challenge to a law or regulation as applied to the facts of a particular case.
**(e)**
(1) Upon such review, the Court of Appeals for the Federal Circuit shall have power to affirm or, if the decision of the Court of Appeals for Veterans Claims is not in accordance with law, to modify or reverse the decision of the Court of Appeals for Veterans Claims or to remand the matter, as appropriate.
(2) Rules for review of decisions of the Court of Appeals for Veterans Claims shall be those prescribed by the Supreme Court under [section 2072 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim).
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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
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1254
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1155
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** All files, records, reports, and other papers and documents pertaining to any claim under any of the laws administered by the Secretary and the names and addresses of present or former members of the Armed Forces, and their dependents, in the possession of the Department shall be confidential and privileged, and no disclosure thereof shall be made except as provided in this section.
**(b)** The Secretary shall make disclosure of such files, records, reports, and other papers and documents as are described in subsection (a) of this section as follows:
(1) To a claimant or duly authorized agent or representative of a claimant as to matters concerning the claimant alone when, in the judgment of the Secretary, such disclosure would not be injurious to the physical or mental health of the claimant and to an independent medical expert or experts for an advisory opinion pursuant to [section 5109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5109&num=0&edition=prelim).
(2) When required by process of a United States court to be produced in any suit or proceeding therein pending.
(3) When required by any department or other agency of the United States Government.
(4) In all proceedings in the nature of an inquest into the mental competency of a claimant.
(5) In any suit or other judicial proceeding when in the judgment of the Secretary such disclosure is deemed necessary and proper.
(6) In connection with any proceeding for the collection of an amount owed to the United States by virtue of a person’s participation in any benefit program administered by the Secretary when in the judgment of the Secretary such disclosure is deemed necessary and proper.
**(c)**
(1) The amount of any payment made by the Secretary to any p
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5701
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrate judges thereof) and courts of appeals.
**(b)** Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect.
**(c)** Such rules may define when a ruling of a district court is final for the purposes of appeal under [section 1291 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1291&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2072
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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
**(a)** A decision of the United States Court of Appeals for Veterans Claims shall become final upon the expiration of the time allowed for filing, under [section 7292 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7292&num=0&edition=prelim), a notice of appeal from such decision, if no such notice is duly filed within such time. If such a notice is filed within such time, such a decision shall become final—
(1) upon the expiration of the time allowed for filing a petition for certiorari with the Supreme Court of the United States, if the decision of the Court of Appeals for Veterans Claims is affirmed or the appeal is dismissed by the United States Court of Appeals for the Federal Circuit and no petition for certiorari is duly filed;
(2) upon the denial of a petition for certiorari, if the decision of the Court of Appeals for Veterans Claims is affirmed or the appeal is dismissed by the United States Court of Appeals for the Federal Circuit; or
(3) upon the expiration of 30 days from the date of issuance of the mandate of the Supreme Court, if that Court directs that the decision of the Court of Appeals for Veterans Claims be affirmed or the appeal dismissed.
**(b)**
(1) If the Supreme Court directs that the decision of the Court of Appeals for Veterans Claims be modified or reversed, the decision of the Court of Appeals for Veterans Claims rendered in accordance with the mandate of the Supreme Court shall become final upon the expiration of 30 days from the time it was rendered, unless within such 30 days either the Secretary or the petitioner has instituted proceedings to have such decision corrected to accord with the mandate, in which event the decision of the Court of Appeals for Veterans Claims shall become final w
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7291
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Federal law — U.S. Code and appendices · legal_authorities
Page 1147
TITLE 38—VETERANS’ BENEFITS
§ 7292
SUBCHAPTER IV—DECISIONS AND REVIEW
§ 7291. Date when Court decision becomes final
(a) A decision of the United States Court of
Appeals for Veterans Claims shall become final
upon the expiration of the time allowed for fil-
ing, under section 7292 of this title, a notice of
appeal from such decision, if no such notice is
duly filed within such time. If such a notice is
filed within such time, such a decision shall be-
come final—
(1) upon the expiration of the time allowed
for filing a petition for certiorari with the Su-
preme Court of the United States, if the deci-
sion of the Court of Appeals for Veterans
Claims is affirmed or the appeal is dismissed
by the United States Court of Appeals for the
Federal Circuit and no petition for certiorari
is duly filed;
(2) upon the denial of a petition for certio-
rari, if the decision of the Court of Appeals for
Veterans Claims is affirmed or the appeal is
dismissed by the United States Court of Ap-
peals for the Federal Circuit; or
(3) upon the expiration of 30 days from the
date of issuance of the mandate of the Su-
preme Court, if that Court directs that the de-
cision of the Court of Appeals for Veterans
Claims be affirmed or the appeal dismissed.
(b)(1) If the Supreme Court directs that the de-
cision of the Court of Appeals for Veterans
Claims be modified or reversed, the decision of
the Court of Appeals for Veterans Claims ren-
dered in accordance with the mandate of the Su-
preme Court shall become final upon the expira-
tion of 30 days from the time it was rendered,
unless within such 30 days either the Secretary
or the petitioner has instituted proceedings to
have such decision corrected to accord with the
mandate, in which event the decision of the
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7292
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