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38 U.S.C. § 502 — Judicial review of rules and regulations

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

38 U.S.C. § 502 — Judicial review of rules and regulations

An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers is subject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Appeals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5.

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Source location: Title 38, Chapter 5, § 502; chapter-005-authority-and-duties-of-the-secretary.md

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An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers is subject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Appeals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5.

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

38 U.S.C. § 1502 — Determinations with respect to disability

**(a)** For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is any of the following: (1) A patient in a nursing home for long-term care because of disability. (2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner. (3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person. (4) Suffering from— (A) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or (B) any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled. **(b)** For the purposes of this chapter, a person shall be considered to be in need of regular aid and attendance if such person is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person. **(c)** For the purposes of this chapter, the requirement of “permanently housebound” will be considered to have been met when the veteran is substantially confined to such veteran’s house (ward or clinical areas, if institutionalized) or immediate premises due to a disability or disabilities which it is reasonably certain will remain throughout such veteran’s lifetime.

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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. § 1703E — Center for Innovation for Care and Payment

**(a) In General.—** (1) There is established within the Department a Center for Innovation for Care and Payment (in this section referred to as the “Center”). (2) The Secretary, acting through the Center, may carry out such pilot programs the Secretary determines to be appropriate to develop innovative approaches to testing payment and service delivery models in order to reduce expenditures while preserving or enhancing the quality of care furnished by the Department. (3) The Secretary, acting through the Center, shall test payment and service delivery models to determine whether such models— (A) improve access to, and quality, timeliness, and patient satisfaction of care and services; and (B) create cost savings for the Department. (4) (A) The Secretary shall test a model in a location where the Secretary determines that the model will addresses 11 So in original. deficits in care (including poor clinical outcomes or potentially avoidable expenditures) for a defined population. (B) The Secretary shall focus on models the Secretary expects to reduce program costs while preserving or enhancing the quality of care received by individuals receiving benefits under this chapter. (C) The models selected may include those described in section 1115A(b)(2)(B) of the Social Security Act ([42 U.S.C. 1315a(b)(2)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1315a/b/2/B&num=0&edition=prelim)). (5) In selecting a model for testing, the Secretary may consider, in addition to other factors identified in this subsection, the following factors: (A) Whether the model includes a regular process for monitoring and updating patient care plans in a manner that is consistent with the needs and preferences of individuals receiving benefi

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

38 U.S.C. § 511 — Decisions of the Secretary; finality

**(a)** The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise. **(b)** The second sentence of subsection (a) does not apply to— (1) matters subject to [section 502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section502&num=0&edition=prelim); (2) matters covered by sections 1975 and 1984 of this title; (3) matters arising under chapter 37 of this title; and (4) matters covered by chapter 72 of this title.

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

38 U.S.C. § 502 — Judicial review of rules and regulations

Page 79 TITLE 38—VETERANS’ BENEFITS § 503 (3) the methods of making investigations and medical examinations; and (4) the manner and form of adjudications and awards. (b) Any rule, regulation, guideline, or other published interpretation or order (and any amendment thereto) issued pursuant to the au- thority granted by this section or any other pro- vision of this title shall contain citations to the particular section or sections of statutory law or other legal authority upon which such issuance is based. The citation to the authority shall appear immediately following each sub- stantive provision of the issuance. (c) In applying section 552(a)(1) of title 5 to the Department, the Secretary shall ensure that subparagraphs (C), (D), and (E) of that section are complied with, particularly with respect to opinions and interpretations of the General Counsel. (d) The provisions of section 553 of title 5 shall apply, without regard to subsection (a)(2) of that section, to matters relating to loans, grants, or benefits under a law administered by the Sec- retary. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386.) Editorial Notes PRIOR PROVISIONS Prior section 501 was renumbered section 1501 of this title. Provisions similar to those in this section were con- tained in sections 210(c)(1) and 223(a), (b) of this title prior to repeal by Pub. L. 102–83, § 2(a). § 502. Judicial review of rules and regulations An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers is sub- ject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Ap- peals for the Federal Circuit. However, if such review is sought in connection with an appeal b

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