38 U.S.C. § 7291 — Date when Court decision becomes final

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 Court of Appeals for Veterans Claims shall be- come final when so corrected. (2) If the decision of the Court of Appeals for Veterans Claims is modified or reversed by the United States Court of Appeals for the Federal Circuit and if— (A) the time allowed for filing a petition for certiorari has expired and no such petition has been duly filed, or (B) the petition for certiorari has been de- nied, or (C) the decision of the United States Court of Appeals for the Federal Circuit has been af- firmed by the Supreme Court, then the decision of the Court of Appeals for Veterans Claims rendered in accordance with the mandate of the United States Court of Ap- peals for the Federal Circuit shall become final upon the expiration of 30 days from the time such decision of the Court of Appeals for Vet- erans Claims was rendered, unless within such 30 days either the Secretary or the petitioner has instituted proceedings to have such decision cor- rected so that it will accord with the mandate, in which event the decision of the Court of Ap- peals for Veterans Claims shall become final when so corrected. (c) If the Supreme Court orders a rehearing, or if the case is remanded by the United States Court of Appeals for the Federal Circuit to the Court of Appeals for Veterans Claims for a re- hearing, and if— (1) the time allowed for filing a petition for certiorari has expired and no such petition has been duly filed, or (2) the petition for certiorari has been de- nied, or (3) the decision of the United States Court of Appeals for the Federal Circuit has been af- firmed by the Supreme Court, then the decision of the Court of Appeals for Veterans Claims rendered upon such rehearing shall become final in the same manner as though no prior decision of the Court of Appeals for Veterans Claims had been rendered. (d) As used in this section, the term ‘‘man- date’’, in case a mandate has been recalled be- fore the expiration of 30 days from the date of issuance thereof, means the final mandate. (Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4119, § 4091; renumbered § 7291 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 105–368, title V, § 512(a)(1), (2)(B), Nov. 11, 1998, 112 Stat. 3341.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–368, § 512(a)(2)(B), substituted ‘‘Court decision’’ for ‘‘United States Court of Veterans Appeals decision’’ in section catchline. Subsecs. (a) to (c). Pub. L. 105–368, § 512(a)(1), sub- stituted ‘‘Court of Appeals for Veterans Claims’’ for ‘‘Court of Veterans Appeals’’ wherever appearing. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4091 of this title as this section. Subsec. (a). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7292’’ for ‘‘4092’’ in introductory provisions. Subsec. (b). Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Administrator’’ in pars. (1) and (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. § 7292. Review by United States Court of Appeals for the Federal Circuit (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 re- view the schedule of ratings for disabilities adopted under section 1155 of this title) or any interpretation thereof (other than a determina- tion as to a factual matter) that was relied on by the Court in making the decision. Such a re- view shall be obtained by filing a notice of ap- peal with the Court of Appeals for Veterans Claims within the time and in the manner pre- scribed for appeal to United States courts of ap- peals 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, de-