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38 U.S.C. § 7264 — Rules of practice and procedure

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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Source location: Title 38, Chapter 72, § 7264; chapter-072-united-states-court-of-appeals-for-veterans-claims.md

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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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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

28 U.S.C. § 455 — Disqualification of justice, judge, or magistrate judge

**(a)** Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. **(b)** He shall also disqualify himself in the following circumstances: (1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it; (3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; (4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; (5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person: (i) Is a party to the proceeding, or an officer, director, or trustee of a party; (ii) Is acting as a lawyer in the proceeding; (iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; (iv) Is to the judge’s knowledge likely to be a material witness in the proceeding. **(c)** A judge should inform himself about his personal and fiduciary financial interests, and make a reasonable effort to inform himse

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

38 U.S.C. § 7263 — Representation of parties; fee agreements

**(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

38 U.S.C. § 7264 — Rules of practice and procedure

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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