38 U.S.C. § 7252 — Jurisdiction; finality of decisions

Page 1134 TITLE 38—VETERANS’ BENEFITS § 7252 100–687, known as the ‘Veterans’ Judicial Review Act’, see Tables for classification] shall take effect on Sep- tember 1, 1989. ‘‘(b) EFFECTIVE DATE FOR CERTAIN TRANSITION PROVI- SIONS.—The amendment made by section 201(a) [amend- ing section 4001 [now 7101] of this title] shall take effect on February 1, 1989. ‘‘(c) DATE OF ENACTMENT.—Sections 201 (other than subsection (a)), 208, 209, 302, and 303, and the amend- ments made by those sections [see Tables for classifica- tion], shall take effect on the date of the enactment of this Act [Nov. 18, 1988]. ‘‘(d) BOARD OF VETERANS’ APPEALS.—Sections 202, 203, 205, 206, and 207 [see Tables for classification] shall take effect as of January 1, 1989. Section 204 [amending sec- tion 4004 [now 7104] of this title] shall take effect on September 1, 1989. ‘‘(e) COMMENCEMENT OF OPERATION OF COURT OF VET- ERANS APPEALS.—Notwithstanding subsection (a), the United States Court of Veterans Appeals [now United States Court of Appeals for Veterans Claims] estab- lished pursuant to chapter 72 of title 38, United States Code (as added by section 301) shall not begin to oper- ate until at least three judges have been appointed to the court.’’ CHAPTER APPLICABLE TO CLAIMS ALLEGING PREVIOUS DETERMINATION THE PRODUCT OF CLEAR AND UNMIS- TAKABLE ERROR Pub. L. 105–111, § 1(c)(2), Nov. 21, 1997, 111 Stat. 2272, provided that: ‘‘Notwithstanding section 402 of the Vet- erans Judicial Review Act (38 U.S.C. 7251 note), chapter 72 of title 38, United States Code, shall apply with re- spect to any decision of the Board of Veterans’ Appeals on a claim alleging that a previous determination of the Board was the product of clear and unmistakable error if that claim is filed after, or was pending before the Department of Veterans Affairs, the Court of Vet- erans Appeals [now Court of Appeals for Veterans Claims], the Court of Appeals for the Federal Circuit, or the Supreme Court on the date of the enactment of this Act [Nov. 21, 1997].’’ CHAPTER APPLICABLE TO CASES FILED ON OR AFTER NOVEMBER 18, 1988 Pub. L. 100–687, div. A, title IV, § 402, Nov. 18, 1988, 102 Stat. 4122, as amended by Pub. L. 102–40, title IV, § 402(d)(2), May 7, 1991, 105 Stat. 239, which provided that this chapter applied to any case in which a notice of disagreement was filed under section 7105 of this title on or after Nov. 18, 1988, was repealed by Pub. L. 107–103, title VI, § 603(a), Dec. 27, 2001, 115 Stat. 999. § 7252. Jurisdiction; finality of decisions (a) The Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review deci- sions of the Board of Veterans’ Appeals. The Secretary may not seek review of any such deci- sion. The Court shall have power to affirm, mod- ify, or reverse a decision of the Board or to re- mand 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. The Court may not review the schedule of rat- ings for disabilities adopted under section 1155 of this title or any action of the Secretary in adopting or revising that schedule. (c) Decisions by the Court are subject to re- view as provided in section 7292 of this title. (Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4113, § 4052; renumbered § 7252 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(e)(3), June 13, 1991, 105 Stat. 287; Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; 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 Appeals’’. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4052 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–54 amended subsec. (a) as in effect imme- diately before the enactment of Pub. L. 102–40 by sub- stituting ‘‘Court’’ for ‘‘court’’ in last sentence. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1155’’ for ‘‘355’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–40, § 402(d)(1), substituted ‘‘7261’’ for ‘‘4061’’. Subsec. (c). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7292’’ for ‘‘4092’’. 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. § 7253. Composition (a) COMPOSITION.—The Court of Appeals for Veterans Claims is composed of at least three and not more than seven judges, one of whom shall serve as chief judge in accordance with subsection (d). (b) APPOINTMENT.—The judges of the Court shall be appointed by the President, by and with the advice and consent of the Senate, solely on the grounds of fitness to perform the duties of the office. A person may not be appointed to the Court who is not a member in good standing of the bar of a Federal court or of the highest court of a State. Not more than the number equal to the next whole number greater than one-half of the number of judges of the Court may be mem- bers of the same political party. (c) TERM OF OFFICE.—The term of office of the judges of the Court of Appeals for Veterans Claims shall be 15 years. A judge who is nomi- nated by the President for appointment to an additional term on the Court without a break in service and whose term of office expires while that nomination is pending before the Senate may continue in office for up to 1 year while that nomination is pending. (d) CHIEF JUDGE.—(1) The chief judge of the Court is the head of the Court. The chief judge of the Court shall be the judge of the Court in regular active service who is senior in commis- sion among the judges of the Court who— (A) have served for one or more years as judges of the Court; (B) have at least 3 years remaining in term of office; and (C) have not previously served as chief judge. (2)(A) In any case in which there is no judge of the Court in regular active service who meets the requirements under paragraph (1), the judge