US (United States) Code. Title 38. Chapter 72: US (United States) Court of Appeals for Veterans Claims

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits. Boards, administrations and services

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-CITE-

38 USC CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR

VETERANS CLAIMS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

-HEAD-

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

-MISC1-

SUBCHAPTER I - ORGANIZATION AND JURISDICTION

Sec.

7251. Status.

7252. Jurisdiction; finality of decisions.

7253. Composition.

7254. Organization.

7255. Offices.

7256. Times and places of sessions.

7257. Recall of retired judges.

SUBCHAPTER II - PROCEDURE

7261. Scope of review.

7262. Fee for filing appeals.

7263. Representation of parties; fee agreements.

7264. Rules of practice and procedure.

7265. Contempt authority; assistance to the Court.

7266. Notice of appeal.

7267. Decisions.

7268. Availability of proceedings.

7269. Publication of decisions.

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

7281. Employees.

7282. Budget and expenditures.

7283. Disposition of fees.

7284. Fee for transcript of record.

7285. Practice and registration fees.

7286. Judicial Conference of the Court.

7287. Administration.

SUBCHAPTER IV - DECISIONS AND REVIEW

7291. Date when Court decision becomes final.

7292. Review by United States Court of Appeals for the

Federal Circuit.

SUBCHAPTER V - RETIREMENT AND SURVIVORS ANNUITIES

7296. Retirement of judges.

7297. Survivor annuities.

7298. Retirement Fund.

7299. Limitation on activities of retired judges.

AMENDMENTS

2001 - Pub. L. 107-103, title VI, Secs. 604(c)(2), 605(b), Dec.

27, 2001, 115 Stat. 1000, substituted "Practice and registration

fees" for "Practice fee" in item 7285 and added item 7287.

1999 - Pub. L. 106-117, title X, Secs. 1021(b), 1024(b), Nov. 30,

1999, 113 Stat. 1592, 1594, added items 7257 and 7299.

1998 - Pub. L. 105-368, title V, Sec. 512(a)(3), (4)(A), Nov. 11,

1998, 112 Stat. 3341, substituted "APPEALS FOR VETERANS CLAIMS" for

"VETERANS APPEALS" in chapter heading, struck out "of Veterans

Appeals" after "Court" in item 7286, substituted "Court decision"

for "United States Court of Veterans Appeals decision" in item

7291, and struck out "Court of Veterans Appeals" before "Retirement

Fund" in item 7298.

1991 - Pub. L. 102-82, Sec. 2(b), Aug. 6, 1991, 105 Stat. 375,

added item 7286.

Pub. L. 102-40, title IV, Sec. 402(c)(1), May 7, 1991, 105 Stat.

239, renumbered items 4051 to 4098 as 7251 to 7298, respectively.

1989 - Pub. L. 101-94, title I, Sec. 101(b), Aug. 16, 1989, 103

Stat. 625, added subchapter V heading and items 4096 to 4098.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 502, 511 of this title.

-End-

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38 USC SUBCHAPTER I - ORGANIZATION AND JURISDICTION 01/06/03

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TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER I - ORGANIZATION AND JURISDICTION

-HEAD-

SUBCHAPTER I - ORGANIZATION AND JURISDICTION

-End-

-CITE-

38 USC Sec. 7251 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER I - ORGANIZATION AND JURISDICTION

-HEAD-

Sec. 7251. Status

-STATUTE-

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-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4113, Sec. 4051; renumbered Sec. 7251, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

amended Pub. L. 105-368, title V, Sec. 511(b), Nov. 11, 1998, 112

Stat. 3341.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-368 substituted "Court of Appeals for Veterans

Claims" for "Court of Veterans Appeals".

1991 - Pub. L. 102-40 renumbered section 4051 of this title as

this section.

-CHANGE-

CHANGE OF NAME

Pub. L. 105-368, title V, Sec. 511(a), Nov. 11, 1998, 112 Stat.

3341, provided that: "The United States Court of Veterans Appeals

is hereby renamed as, and shall hereafter be known and designated

as, the United States Court of Appeals for Veterans Claims."

Pub. L. 105-368, title V, Sec. 512(c), Nov. 11, 1998, 112 Stat.

3342, provided that: "Any reference in a law, regulation, document,

paper, or other record of the United States to the United States

Court of Veterans Appeals shall be deemed to be a reference to the

United States Court of Appeals for Veterans Claims."

-MISC2-

EFFECTIVE DATE OF 2001 AMENDMENT; CONSTRUCTION

Pub. L. 107-103, title VI, Sec. 603(c), (d), Dec. 27, 2001, 115

Stat. 999, provided that:

"(c) Construction. - The repeal in subsection (a) [repealing

section 402 of Pub. L. 100-687, formerly set out as a note below]

may not be construed to confer upon the United States Court of

Appeals for Veterans Claims jurisdiction over any appeal or other

matter not within the jurisdiction of the Court as provided in

section 7266(a) of title 38, United States Code.

"(d) Applicability. - The repeals made by subsections (a) and (b)

[repealing section 402 of Pub. L. 100-687, formerly set out as a

note below, and section 403 of Pub. L. 100-687, formerly set out as

a note under section 5904 of this title] shall apply to any appeal

filed with the United States Court of Appeals for Veterans Claims -

"(1) on or after the date of the enactment of this Act [Dec.

27, 2001]; or

"(2) before the date of the enactment of this Act but in which

a final decision has not been made under section 7291 of title

38, United States Code, as of that date."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-368, title V, Sec. 513, Nov. 11, 1998, 112 Stat.

3342, provided that: "This subtitle [subtitle B (Secs. 511-513) of

title V of Pub. L. 105-368, see Tables for classification], and the

amendments made by this subtitle, shall take effect on the first

day of the first month beginning more than 90 days after the date

of the enactment of this Act [Nov. 11, 1998]."

EFFECTIVE DATE

Section 401 of Pub. L. 100-687, as amended by Pub. L. 101-94,

title III, Sec. 301, Aug. 16, 1989, 103 Stat. 628, provided that:

"(a) General Effective Date. - Except as otherwise provided in

this section, this division (and the amendments made by this Act)

[div. A (Secs. 1-403) of Pub. L. 100-687, known as the 'Veterans'

Judicial Review Act', see Tables for classification] shall take

effect on September 1, 1989.

"(b) Effective Date for Certain Transition Provisions. - The

amendment made by section 201(a) [amending 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 amendments made by those

sections [see Tables for classification], 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 section 4004 [now 7104] of

this title] shall take effect on September 1, 1989.

"(e) Commencement of Operation of Court of Veterans Appeals. -

Notwithstanding subsection (a), the United States Court of Veterans

Appeals [now United States Court of Appeals for Veterans Claims]

established pursuant to chapter 72 of title 38, United States Code

(as added by section 301) shall not begin to operate until at least

three judges have been appointed to the court."

CHAPTER APPLICABLE TO CLAIMS ALLEGING PREVIOUS DETERMINATION THE

PRODUCT OF CLEAR AND UNMISTAKABLE ERROR

Pub. L. 105-111, Sec. 1(c)(2), Nov. 21, 1997, 111 Stat. 2272,

provided that: "Notwithstanding section 402 of the Veterans

Judicial Review Act (38 U.S.C. 7251 note), chapter 72 of title 38,

United States Code, shall apply with respect 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 Veterans

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

Section 402 of Pub. L. 100-687, as amended by Pub. L. 102-40,

title IV, Sec. 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, Sec.

603(a), Dec. 27, 2001, 115 Stat. 999.

-End-

-CITE-

38 USC Sec. 7252 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER I - ORGANIZATION AND JURISDICTION

-HEAD-

Sec. 7252. Jurisdiction; finality of decisions

-STATUTE-

(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. The

Court may not review the schedule of ratings 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 review as provided in

section 7292 of this title.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4113, Sec. 4052; renumbered Sec. 7252 and amended

Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105

Stat. 238, 239; Pub. L. 102-54, Sec. 14(e)(3), June 13, 1991, 105

Stat. 287; Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(c)(1), Aug. 6,

1991, 105 Stat. 404-406; Pub. L. 105-368, title V, Sec. 512(a)(1),

Nov. 11, 1998, 112 Stat. 3341.)

-MISC1-

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, Sec. 402(b)(1), renumbered section 4052 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-54 amended subsec. (a) as in effect immediately

before the enactment of Pub. L. 102-40 by substituting "Court" for

"court" in last sentence.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1155" for

"355".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places.

Pub. L. 102-40, Sec. 402(d)(1), substituted "7261" for "4061".

Subsec. (c). Pub. L. 102-40, Sec. 402(d)(1), substituted "7292"

for "4092".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7261 of this title.

-End-

-CITE-

38 USC Sec. 7253 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER I - ORGANIZATION AND JURISDICTION

-HEAD-

Sec. 7253. Composition

-STATUTE-

(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 members 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 nominated 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 shall be the

judge of the Court in regular active service who is senior in

commission among the judges of the Court who -

(A) have served for one or more years as judges of the Court;

and

(B) have not previously served as chief judge.

(2) In any case in which there is no judge of the Court in

regular active service who has served as a judge of the Court for

at least one year, the judge of the court in regular active service

who is senior in commission and has not served previously as chief

judge shall act as the chief judge.

(3) Except as provided in paragraph (4), a judge of the Court

shall serve as the chief judge under paragraph (1) for a term of

five years or until the judge becomes age 70, whichever occurs

first. If no other judge is eligible under paragraph (1) to serve

as chief judge upon the expiration of that term, that judge shall

continue to serve as chief judge until another judge becomes

eligible under that paragraph to serve as chief judge.

(4)(A) The term of a chief judge shall be terminated before the

end of the term prescribed by paragraph (3) if -

(i) the chief judge leaves regular active service as a judge of

the court; (!1) or

(ii) the chief judge notifies the other judges of the court

(!1) in writing that such judge desires to be relieved of the

duties of chief judge.

(B) The effective date of a termination of the term under

subparagraph (A) shall be the date on which the chief judge leaves

regular active service or the date of the notification under

subparagraph (A)(ii), as the case may be.

(5) If a chief judge is temporarily unable to perform the duties

of chief judge, those duties shall be performed by the judge of the

court (!1) in active service who is present, able and qualified to

act, and is next in precedence.

(6) Judges who have the same seniority in commission shall be

eligible for service as chief judge in accordance with their

relative precedence.

(e) Salary. - Each judge of the Court shall receive a salary at

the same rate as is received by judges of the United States

district courts.

(f) Removal. - (1) A judge of the Court may be removed from

office by the President on grounds of misconduct, neglect of duty,

or engaging in the practice of law. A judge of the Court may not be

removed from office by the President on any other ground.

(2) Before a judge may be removed from office under this

subsection, the judge shall be provided with a full specification

of the reasons for the removal and an opportunity to be heard.

(g) Rules. - (1) The Court shall prescribe rules, consistent with

the provisions of chapter 16 of title 28, establishing procedures

for the filing of complaints with respect to the conduct of any

judge of the Court and for the investigation and resolution of such

complaints. In investigating and taking action with respect to any

such complaint, the Court shall have the powers granted to a

judicial council under such chapter.

(2) The provisions of sections 354(b) through 360 of title 28,

regarding referral or certification to, and petition for review in,

the Judicial Conference of the United States and action thereon,

shall apply to the exercise by the Court of the powers of a

judicial council under paragraph (1) of this subsection. The

grounds for removal from office specified in subsection (f)(1)

shall provide a basis for a determination pursuant to section

354(b) or 355 of title 28, and certification and transmittal by the

Conference shall be made to the President for consideration under

subsection (f).

(3)(A) In conducting hearings pursuant to paragraph (1), the

Court may exercise the authority provided under section 1821 of

title 28 to pay the fees and allowances described in that section.

(B) The Court shall have the power provided under section 361 of

title 28 to award reimbursement for the reasonable expenses

described in that section. Reimbursements under this subparagraph

shall be made from funds appropriated to the Court.

(h) Temporary Expansion of Court. - (1) During the period from

January 1, 2002, through August 15, 2005, the authorized number of

judges of the Court specified in subsection (a) is increased by

two.

(2)(A) Of the two additional judges authorized by this subsection

-

(i) only one may be appointed pursuant to a nomination made in

2002; and

(ii) only one may be appointed pursuant to a nomination made in

2003.

(B) If a judge is not appointed under this subsection pursuant to

a nomination made in 2002, a judge may be appointed under this

subsection pursuant to a nomination made in 2004. If a judge is not

appointed under this subsection pursuant to a nomination made in

2003, a judge may be appointed under this subsection pursuant to a

nomination made in 2004. In either case, such an appointment may be

made only pursuant to a nomination made before October 1, 2004.

(3) The term of office and the eligibility for retirement of a

judge appointed under this subsection, other than a judge described

in paragraph (4), are governed by the provisions of section 1012 of

the Court of Appeals for Veterans Claims Amendments of 1999 (title

X of Public Law 106-117; 113 Stat. 1590; 38 U.S.C. 7296 note) if

the judge is one of the first two judges appointed to the Court

after November 30, 1999.

(4) A judge of the Court as of the date of the enactment of this

subsection who was appointed to the Court before January 1, 1991,

may accept appointment as a judge of the Court under this

subsection notwithstanding that the term of office of the judge on

the Court has not yet expired under this section. The term of

office of an incumbent judge who receives an appointment as

described in the preceding sentence shall be 15 years, which

includes any period remaining in the unexpired term of the judge.

Any service following an appointment under this subsection shall be

treated as though served as part of the original term of office of

that judge on the Court.

(5) Notwithstanding paragraph (1), an appointment may not be made

to the Court if the appointment would result in there being more

than seven judges on the Court who were appointed after January 1,

1997. For the purposes of this paragraph, a judge serving in recall

status under section 7257 of this title shall be disregarded in

counting the number of judges appointed to the Court after such

date.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4114, Sec. 4053; amended Pub. L. 101-94, title I,

Sec. 102(c), Aug. 16, 1989, 103 Stat. 626; renumbered Sec. 7253,

Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat.

238; Pub. L. 102-82, Sec. 3, Aug. 6, 1991, 105 Stat. 375; Pub. L.

102-585, title VIII, Sec. 801, Nov. 4, 1992, 106 Stat. 4980; Pub.

L. 105-368, title V, Secs. 501, 512(a)(1), Nov. 11, 1998, 112 Stat.

3340, 3341; Pub. L. 106-117, title X, Secs. 1031, 1032(a), 1033,

Nov. 30, 1999, 113 Stat. 1594, 1595; Pub. L. 107-103, title VI,

Sec. 601, Dec. 27, 2001, 115 Stat. 998; Pub. L. 107-273, div. C,

title I, Sec. 11043(f), Nov. 2, 2002, 116 Stat. 1856.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this subsection, referred to in

subsec. (h)(4), is the date of enactment of Pub. L. 107-103, which

was approved Dec. 27, 2001.

-MISC1-

AMENDMENTS

2002 - Subsec. (g)(1). Pub. L. 107-273, Sec. 11043(f)(1),

substituted "chapter 16" for "section 372(c)" and "such chapter"

for "such section".

Subsec. (g)(2). Pub. L. 107-273, Sec. 11043(f)(2), substituted

"sections 354(b) through 360" for "paragraphs (7) through (15) of

section 372(c)" and "section 354(b) or 355" for "paragraph (7) or

(8) of section 372(c)".

Subsec. (g)(3)(B). Pub. L. 107-273, Sec. 11043(f)(3), substituted

"361" for "372(c)(16)".

2001 - Subsecs. (b), (c), (f), (g). Pub. L. 107-103, Sec. 601(b),

inserted subsec. headings.

Subsec. (h). Pub. L. 107-103, Sec. 601(a), added subsec. (h).

1999 - Subsec. (a). Pub. L. 106-117, Sec. 1031, inserted heading

and amended text of subsec. (a) generally. Prior to amendment, text

read as follows: "The Court of Appeals for Veterans Claims shall be

composed of a chief judge and at least two and not more than six

associate judges."

Subsec. (d). Pub. L. 106-117, Sec. 1032(a), inserted heading and

amended text of subsec. (d) generally. Prior to amendment, text

read as follows: "The chief judge is the head of the Court".

Subsec. (e). Pub. L. 106-117, Sec. 1033, inserted heading and

amended text of subsec. (e) generally. Prior to amendment, text

read as follows:

"(e)(1) The chief judge of the Court shall receive a salary at

the same rate as is received by judges of the United States Courts

of Appeals.

"(2) Each judge of the Court, other than the chief judge, shall

receive a salary at the same rate as is received by judges of the

United States district courts."

1998 - Subsec. (a). Pub. L. 105-368, Sec. 512(a)(1), substituted

"Court of Appeals for Veterans Claims" for "Court of Veterans

Appeals".

Subsec. (c). Pub. L. 105-368, Sec. 512(a)(1), substituted "Court

of Appeals for Veterans Claims" for "Court of Veterans Appeals".

Pub. L. 105-368, Sec. 501, inserted at end "A judge who is

nominated 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."

1992 - Subsec. (g). Pub. L. 102-585 designated existing

provisions as par. (1) and added pars. (2) and (3).

1991 - Pub. L. 102-40 renumbered section 4053 of this title as

this section.

Subsec. (g). Pub. L. 102-82 added subsec. (g).

1989 - Subsec. (f)(1). Pub. L. 101-94 inserted "or" before

"engaging" and substituted "law" for "law, or physical or mental

disability which, in the opinion of the President, prevents the

proper execution of the judge's duties".

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-117, title X, Sec. 1036, Nov. 30, 1999, 113 Stat.

1595, provided that:

"(a) Effective Date. - The amendments made by this subtitle

[subtitle C (Secs. 1031-1036) of title X of Pub. L. 106-117,

amending this section and sections 7254, 7281, 7296, and 7297 of

this title] shall take effect on the date of the enactment of this

Act [Nov. 30, 1999].

"(b) Savings Provision for Incumbent Chief Judge. - The

amendments made by this subtitle shall not apply while the

individual who is chief judge of the Court [United States Court of

Appeals for Veterans Claims] on the date of the enactment of this

Act [Nov. 30, 1999] continues to serve as chief judge. If that

individual, upon termination of service as chief judge, provides

notice under section 7257 of title 38, United States Code, of

availability for service in a recalled status, the rate of pay

applicable to that individual under section 7296(c)(1)(A) of such

title while serving in a recalled status shall be at the rate of

pay applicable to that individual at the time of retirement, if

greater than the rate otherwise applicable under that section."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 512(a)(1) of 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.

INITIAL APPOINTMENT OF JUDGES TO COURT OF VETERANS APPEALS

Section 302 of Pub. L. 100-687 prohibited President from

appointing associate judges of the United States Court of Veterans

Appeals under subsec. (b) of this section, until the chief judge of

such Court has been appointed and that judges could be appointed

after Feb. 1, 1989.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7257, 7296, 7297 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

38 USC Sec. 7254 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER I - ORGANIZATION AND JURISDICTION

-HEAD-

Sec. 7254. Organization

-STATUTE-

(a) The Court of Appeals for Veterans Claims shall have a seal

which shall be judicially noticed.

(b) The Court may hear cases by judges sitting alone or in

panels, as determined pursuant to procedures established by the

Court. Any such panel shall have not less than three judges. The

Court shall establish procedures for the assignment of the judges

of the Court to such panels and for the designation of the chief of

each such panel.

(c)(1) A majority of the judges of the Court shall constitute a

quorum for the transaction of the business of the Court. A vacancy

in the Court shall not impair the powers or affect the duties of

the Court or of the remaining judges of the Court.

(2) A majority of the judges of a panel of the Court shall

constitute a quorum for the transaction of the business of the

panel. A vacancy in a panel of the Court shall not impair the

powers or affect the duties of the panel or of the remaining judges

of the panel.

(d) Precedence of Judges. - The chief judge of the Court shall

have precedence and preside at any session that the chief judge

attends. The other judges shall have precedence and preside

according to the seniority of their original commissions. Judges

whose commissions bear the same date shall have precedence

according to seniority in age.

(e) Judges of the Court shall have the authority to administer

oaths.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4114, Sec. 4054; amended Pub. L. 101-94, title IV,

Sec. 402, Aug. 16, 1989, 103 Stat. 628; Pub. L. 101-237, title VI,

Sec. 602(b), Dec. 18, 1989, 103 Stat. 2095; renumbered Sec. 7254,

Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat.

238; Pub. L. 102-54, Sec. 14(e)(4), June 13, 1991, 105 Stat. 287;

Pub. L. 102-82, Sec. 8(3), Aug. 6, 1991, 105 Stat. 377; Pub. L.

105-368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 3341;

Pub. L. 106-117, title X, Sec. 1034, Nov. 30, 1999, 113 Stat.

1595.)

-MISC1-

AMENDMENTS

1999 - Subsec. (d). Pub. L. 106-117 inserted heading and amended

text of subsec. (d) generally. Prior to amendment, text read as

follows: "In the event of a vacancy in the position of chief judge

of the Court, the associate judge senior in service on the Court

shall serve as acting chief judge unless the President designates

one of the other associate judges to serve as acting chief judge,

in which case the judge so designated shall serve as acting chief

judge."

1998 - Subsec. (a). Pub. L. 105-368 substituted "Court of Appeals

for Veterans Claims" for "Court of Veterans Appeals".

1991 - Pub. L. 102-40 renumbered section 4054 of this title as

this section.

Subsecs. (d), (e). Pub. L. 102-54 amended section as in effect

immediately before the enactment of Pub. L. 102-40, and Pub. L.

102-82 amended section, identically, by redesignating the second

subsec. (d), relating to authority to administer oaths as, (e).

1989 - Subsec. (d). Pub. L. 101-237 added subsec. (d) relating to

authority to administer oaths.

Pub. L. 101-94 added subsec. (d) relating to acting chief judge

in event of vacancy.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-117 effective Nov. 30, 1999, with

savings provision for incumbent chief judge, see section 1036 of

Pub. L. 106-117, set out as a note under section 7253 of this

title.

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.

-End-

-CITE-

38 USC Sec. 7255 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER I - ORGANIZATION AND JURISDICTION

-HEAD-

Sec. 7255. Offices

-STATUTE-

The principal office of the Court of Appeals for Veterans Claims

shall be in the District of Columbia, but the Court may sit at any

place within the United States.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4114, Sec. 4055; renumbered Sec. 7255, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

amended Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11, 1998,

112 Stat. 3341.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-368 substituted "Court of Appeals for Veterans

Claims" for "Court of Veterans Appeals".

1991 - Pub. L. 102-40 renumbered section 4055 of this title as

this section.

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.

FACILITIES FOR COURT OF APPEALS FOR VETERANS CLAIMS

Pub. L. 101-94, title II, Sec. 201, Aug. 16, 1989, 103 Stat. 626,

as amended by Pub. L. 105-368, title V, Sec. 512(c), Nov. 11, 1998,

112 Stat. 3342, provided that:

"(a) Space in the District of Columbia. - The Administrator of

General Services shall provide suitable building space in the

District of Columbia for the United States Court of Appeals for

Veterans Claims as the Court's principal place of business. The

Administrator shall, if necessary, arrange for temporary space for

the Court if permanent space is not immediately available for the

Court. The Administrator shall place a high priority on the

provision of such temporary and permanent space for the Court.

"(b) Approval by Court. - Any space to be provided for the Court

of Appeals for Veterans Claims under subsection (a) must be

acceptable to the Court.

"(c) Additional Requirement. - Any building space provided to the

Court under subsection (a) shall be adjacent to additional building

space (in an amount acceptable to the Court) that can be made

available to the Court in the future if needed for expansion of the

facilities of the Court."

Section 303 of Pub. L. 100-687 provided for the initial location

of the principal office of the Court of Veterans Appeals.

-End-

-CITE-

38 USC Sec. 7256 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER I - ORGANIZATION AND JURISDICTION

-HEAD-

Sec. 7256. Times and places of sessions

-STATUTE-

The times and places of sessions of the Court of Appeals for

Veterans Claims shall be prescribed by the chief judge.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4115, Sec. 4056; renumbered Sec. 7256, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

amended Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11, 1998,

112 Stat. 3341.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-368 substituted "Court of Appeals for Veterans

Claims" for "Court of Veterans Appeals".

1991 - Pub. L. 102-40 renumbered section 4056 of this title as

this section.

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.

-End-

-CITE-

38 USC Sec. 7257 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER I - ORGANIZATION AND JURISDICTION

-HEAD-

Sec. 7257. Recall of retired judges

-STATUTE-

(a)(1) A retired judge of the Court may be recalled for further

service on the Court in accordance with this section. To be

eligible to be recalled for such service, a retired judge must at

the time of the judge's retirement provide to the chief judge of

the Court (or, in the case of the chief judge, to the clerk of the

Court) notice in writing that the retired judge is available for

further service on the Court in accordance with this section and is

willing to be recalled under this section. Such a notice provided

by a retired judge is irrevocable.

(2) For the purposes of this section -

(A) a retired judge is a judge of the Court of Appeals for

Veterans Claims who retires from the Court under section 7296 of

this title or under chapter 83 or 84 of title 5; and

(B) a recall-eligible retired judge is a retired judge who has

provided a notice under paragraph (1).

(b)(1) The chief judge may recall for further service on the

Court a recall-eligible retired judge in accordance with this

section. Such a recall shall be made upon written certification by

the chief judge that substantial service is expected to be

performed by the retired judge for such period, not to exceed 90

days (or the equivalent), as determined by the chief judge to be

necessary to meet the needs of the Court.

(2) A recall-eligible retired judge may not be recalled for more

than 90 days (or the equivalent) during any calendar year without

the judge's consent or for more than a total of 180 days (or the

equivalent) during any calendar year.

(3) If a recall-eligible retired judge is recalled by the chief

judge in accordance with this section and (other than in the case

of a judge who has previously during that calendar year served at

least 90 days (or the equivalent) of recalled service on the court)

declines (other than by reason of disability) to perform the

service to which recalled, the chief judge shall remove that

retired judge from the status of a recall-eligible judge.

(4) A recall-eligible retired judge who becomes permanently

disabled and as a result of that disability is unable to perform

further service on the Court shall be removed from the status of a

recall-eligible judge. Determination of such a disability shall be

made pursuant to section 7253(g) or 7296(g) of this title.

(c) A retired judge who is recalled under this section may

exercise all of the judicial powers and duties of the office of a

judge in active service.

(d)(1) The pay of a recall-eligible retired judge who retired

under section 7296 of this title is specified in subsection (c) of

that section.

(2) A judge who is recalled under this section who retired under

chapter 83 or 84 of title 5 shall be paid, during the period for

which the judge serves in recall status, pay at the rate of pay in

effect under section 7253(e) of this title for a judge performing

active service, less the amount of the judge's annuity under the

applicable provisions of chapter 83 or 84 of title 5.

(e)(1) Except as provided in subsection (d), a judge who is

recalled under this section who retired under chapter 83 or 84 of

title 5 shall be considered to be a reemployed annuitant under that

chapter.

(2) Nothing in this section affects the right of a judge who

retired under chapter 83 or 84 of title 5 to serve as a reemployed

annuitant in accordance with the provisions of title 5.

-SOURCE-

(Added Pub. L. 106-117, title X, Sec. 1021(a), Nov. 30, 1999, 113

Stat. 1590.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7253, 7296, 7299 of this

title.

-End-

-CITE-

38 USC SUBCHAPTER II - PROCEDURE 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER II - PROCEDURE

-HEAD-

SUBCHAPTER II - PROCEDURE

-End-

-CITE-

38 USC Sec. 7261 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER II - PROCEDURE

-HEAD-

Sec. 7261. Scope of review

-STATUTE-

(a) In any action brought under this chapter, the Court of

Appeals for Veterans Claims, to the extent necessary to its

decision and when presented, shall -

(1) decide all relevant questions of law, interpret

constitutional, statutory, and regulatory provisions, and

determine the meaning or applicability of the terms of an action

of the Secretary;

(2) compel action of the Secretary unlawfully withheld or

unreasonably delayed;

(3) hold unlawful and set aside decisions, findings (other than

those described in clause (4) of this subsection), conclusions,

rules, and regulations issued or adopted by the Secretary, the

Board of Veterans' Appeals, or the Chairman of the Board found 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; and

(4) in the case of a finding of material fact adverse to the

claimant made in reaching a decision in a case before the

Department with respect to benefits under laws administered by

the Secretary, hold unlawful and set aside or reverse such

finding if the finding is clearly erroneous.

(b) In making the determinations under subsection (a), the Court

shall review the record of proceedings before the Secretary and the

Board of Veterans' Appeals pursuant to section 7252(b) of this

title and shall -

(1) take due account of the Secretary's application of section

5107(b) of this title; and

(2) take due account of the rule of prejudicial error.

(c) In no event shall findings of fact made by the Secretary or

the Board of Veterans' Appeals be subject to trial de novo by the

Court.

(d) When a final decision of the Board of Veterans' Appeals is

adverse to a party and the sole stated basis for such decision is

the failure of the party to comply with any applicable regulation

prescribed by the Secretary, the Court shall review only questions

raised as to compliance with and the validity of the regulation.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4115, Sec. 4061; amended Pub. L. 101-237, title VI,

Sec. 602(c), Dec. 18, 1989, 103 Stat. 2095; renumbered Sec. 7261,

Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat.

238; Pub. L. 102-54, Sec. 14(e)(3), June 13, 1991, 105 Stat. 287;

Pub. L. 102-83, Sec. 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6,

1991, 105 Stat. 403-405; Pub. L. 105-368, title V, Sec. 512(a)(1),

Nov. 11, 1998, 112 Stat. 3341; Pub. L. 107-330, title IV, Sec.

401(a), (b), Dec. 6, 2002, 116 Stat. 2832.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(4). Pub. L. 107-330, Sec. 401(a), inserted

"adverse to the claimant" after "material fact" and "or reverse"

after "and set aside".

Subsec. (b). Pub. L. 107-330, Sec. 401(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "In

making the determinations under subsection (a) of this section, the

Court shall take due account of the rule of prejudicial error."

1998 - Subsec. (a). Pub. L. 105-368 substituted "Court of Appeals

for Veterans Claims" for "Court of Veterans Appeals" in

introductory provisions.

1991 - Pub. L. 102-40 renumbered section 4061 of this title as

this section.

Subsec. (a)(1) to (3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (a)(4). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-54 amended subsec. (c) as in effect immediately

before the enactment of Pub. L. 102-40 by substituting "Court" for

"court".

Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

1989 - Subsec. (a)(2). Pub. L. 101-237 inserted "or unreasonably

delayed" after "withheld".

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-330, title IV, Sec. 401(c), Dec. 6, 2002, 116 Stat.

2832, provided that:

"(1) Except as provided in paragraph (2), the amendments made by

this section [amending this section] shall take effect on the date

of the enactment of this Act [Dec. 6, 2002].

"(2) The amendments made by this section shall apply with respect

to any case pending for decision before the United States Court of

Appeals for Veterans Claims other than a case in which a decision

has been entered before the date of the enactment of this Act."

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7252 of this title.

-End-

-CITE-

38 USC Sec. 7262 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER II - PROCEDURE

-HEAD-

Sec. 7262. Fee for filing appeals

-STATUTE-

(a) The Court of Appeals for Veterans Claims may impose a fee of

not more than $50 for the filing of any appeal with the Court. The

Court shall establish procedures under which such a fee may be

waived in the case of an appeal filed by or on behalf of a person

who demonstrates that the requirement that such fee be paid will

impose a hardship on that person. A decision as to such a waiver is

final and may not be reviewed in any other court.

(b) The Court may from time to time adjust the maximum amount

permitted for a fee imposed under subsection (a) of this section

based upon inflation and similar fees charged by other courts

established under Article I of the Constitution.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4115, Sec. 4062; renumbered Sec. 7262, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

amended Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11, 1998,

112 Stat. 3341.)

-MISC1-

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 renumbered section 4062 of this title as

this section.

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.

-End-

-CITE-

38 USC Sec. 7263 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER II - PROCEDURE

-HEAD-

Sec. 7263. Representation of parties; fee agreements

-STATUTE-

(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. 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, 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.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4116, Sec. 4063; renumbered Sec. 7263 and amended

Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105

Stat. 238, 239; Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E),

Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 105-368, title V, Sec.

512(a)(1), Nov. 11, 1998, 112 Stat. 3341.)

-MISC1-

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, Sec. 402(b)(1), renumbered section 4063 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

Subsec. (b). Pub. L. 102-40, Sec. 402(d)(1), substituted "7264"

for "4064".

Subsec. (d). Pub. L. 102-40, Sec. 402(d)(1), substituted

"5904(c)(2)" for "3404(c)(2)".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5904 of this title.

-End-

-CITE-

38 USC Sec. 7264 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER II - PROCEDURE

-HEAD-

Sec. 7264. Rules of practice and procedure

-STATUTE-

(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.

(c) Section 455 of title 28 shall apply to judges and proceedings

of the Court.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4116, Sec. 4064; renumbered Sec. 7264 and amended

Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105

Stat. 238, 239; Pub. L. 102-82, Sec. 4, Aug. 6, 1991, 105 Stat.

376; Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112

Stat. 3341.)

-MISC1-

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, Sec. 402(b)(1), renumbered section 4064 of

this title as this section.

Subsec. (b). Pub. L. 102-40, Sec. 402(d)(1), substituted "7266"

for "4066".

Subsec. (c). Pub. L. 102-82 added subsec. (c).

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.

INTERIM RULES OF COURT OF VETERANS APPEALS

Pub. L. 101-94, title II, Sec. 203, Aug. 16, 1989, 103 Stat. 627,

provided that the Federal Rules of Appellate Procedure (28 U.S.C.

App.) would be interim rules of United States Court of Veterans

Appeals unless otherwise provided by the Court in accordance with

this chapter, and if there was a conflict between a provision of

Federal Rules of Appellate Procedure and procedures set forth in

this chapter, procedures set forth in this chapter would apply.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7263 of this title.

-End-

-CITE-

38 USC Sec. 7265 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER II - PROCEDURE

-HEAD-

Sec. 7265. Contempt authority; assistance to the Court

-STATUTE-

(a) The Court shall have power to punish by fine or imprisonment

such contempt of its authority as -

(1) misbehavior of any person in its presence or so near

thereto as to obstruct the administration of justice;

(2) misbehavior of any of its officers in their official

transactions; or

(3) disobedience or resistance to its lawful writ, process,

order, rule, decree, or command.

(b) The Court shall have such assistance in the carrying out of

its lawful writ, process, order, rule, decree, or command as is

available to a court of the United States. The United States

marshal for a district in which the Court is sitting shall, if

requested by the chief judge of the Court, attend any session of

the Court in that district.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4116, Sec. 4065; renumbered Sec. 7265, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 4065 of this title as

this section.

-End-

-CITE-

38 USC Sec. 7266 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER II - PROCEDURE

-HEAD-

Sec. 7266. Notice of appeal

-STATUTE-

(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 mailed pursuant to section 7104(e)

of this title.

(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.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4116, Sec. 4066; renumbered Sec. 7266 and amended

Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105

Stat. 238, 239; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991,

105 Stat. 404, 405; Pub. L. 103-446, title V, Sec. 511(a), Nov. 2,

1994, 108 Stat. 4670; Pub. L. 105-368, title V, Sec. 512(a)(1),

Nov. 11, 1998, 112 Stat. 3341; Pub. L. 107-103, title V, Sec. 507,

Dec. 27, 2001, 115 Stat. 997.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-103 struck out "(1)" before "In order to",

redesignated par. (2) of subsec. (a) as subsec. (b), redesignated

par. (3) of subsec. (a) as subsec. (c) and subpars. (A) and (B)

thereof as pars. (1) and (2), respectively, redesignated par. (4)

of subsec. (a) as subsec. (d) and substituted "subsection (c)(2)"

for "paragraph (3)(B)", and struck out former subsec. (b) which

read as follows: "The appellant shall also furnish the Secretary

with a copy of such notice, but a failure to do so shall not

constitute a failure of timely compliance with subsection (a) of

this section."

1998 - Subsec. (a)(1). Pub. L. 105-368 substituted "Court of

Appeals for Veterans Claims" for "Court of Veterans Appeals".

1994 - Subsec. (a). Pub. L. 103-446 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "In

order to obtain review by the Court of Veterans Appeals of a final

decision of the Board of Veterans' Appeals, a person adversely

affected by that action must file a notice of appeal with the

Court. Any such notice must be filed within 120 days after the date

on which notice of the decision is mailed pursuant to section

7104(e) of this title."

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 4066 of

this title as this section.

Subsec. (a). Pub. L. 102-40, Sec. 402(d)(1), substituted

"7104(e)" for "4004(e)".

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

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.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 511(b) of Pub. L. 103-446 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

the date of the enactment of this Act [Nov. 2, 1994] and shall

apply to notices of appeal that are delivered or mailed to the

United States Court of Veterans Appeals [now United States Court of

Appeals for Veterans Claims] on or after that date."

INTERIM PROVISION FOR FILING NOTICES OF APPEAL

Pub. L. 101-94, title II, Sec. 202, Aug. 16, 1989, 103 Stat. 626,

provided that in the case of a person adversely affected by a final

decision of the Board of Veterans' Appeals that was made before the

date on which the United States Court of Veterans Appeals published

in the Federal Register a notice by the Court that it had commenced

operations, the period prescribed under this section within which a

notice of appeal had to be filed with the Court was to be extended

to the end of the 30-day period beginning on the date such notice

was published, if the end of that period was later than the date

that would otherwise be applicable under this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7264 of this title.

-End-

-CITE-

38 USC Sec. 7267 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER II - PROCEDURE

-HEAD-

Sec. 7267. Decisions

-STATUTE-

(a) A decision upon a proceeding before the Court of Appeals for

Veterans Claims shall be made as quickly as practicable. In a case

heard by a panel of the Court, the decision shall be made by a

majority vote of the panel in accordance with the rules of the

Court. The decision of the judge or panel hearing the case so made

shall be the decision of the Court.

(b) A judge or panel shall make a determination upon any

proceeding before the Court, and any motion in connection with such

a proceeding, that is assigned to the judge or panel. The judge or

panel shall make a report of any such determination which

constitutes the judge or panel's final disposition of the

proceeding.

(c) The Court shall designate in its decision in any case those

specific records of the Government on which it relied (if any) in

making its decision. The Secretary shall preserve records so

designated for not less than the period of time designated by the

Archivist of the United States.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4117, Sec. 4067; renumbered Sec. 7267, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

amended Pub. L. 102-82, Secs. 1, 8(1), Aug. 6, 1991, 105 Stat. 375,

377; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

404, 405; Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11, 1998,

112 Stat. 3341.)

-MISC1-

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 renumbered section 4067 of this title as

this section.

Subsec. (a). Pub. L. 102-82, Sec. 1(3), struck out before period

at end "except as provided in subsection (d) of this section".

Subsec. (b). Pub. L. 102-82, Sec. 1(1), (2), redesignated subsec.

(c) as (b) and struck out former subsec. (b) which read as follows:

"The Court shall include in its decision a statement of its

conclusions of law and determinations as to factual matters."

Subsec. (c). Pub. L. 102-83 substituted "Secretary" for

"Administrator".

Pub. L. 102-82, Sec. 8(1), substituted "Archivist of the United

States" for "Administrator of the National Archives and Records

Administration".

Pub. L. 102-82, Sec. 1(2), redesignated subsec. (e) as (c).

Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 102-82, Sec. 1(1), struck out subsec. (d)

which read as follows:

"(1) In the case of a proceeding determined by a single judge of

the Court, the decision of the judge shall become the decision of

the Court unless before the end of the 30-day period beginning on

the date of the decision by the judge the Court, upon the motion of

either party or on its own initiative, directs that the decision be

reviewed by a panel of the Court. In such a case, the decision of

the judge initially deciding the case shall not be a part of the

record.

"(2) In the case of a proceeding determined by a panel of the

Court, the decision of the panel shall become the decision of the

Court unless before the end of the 30-day period beginning on the

date of the decision by the panel the Court, upon the motion of

either party or on its own initiative, directs that the decision be

reviewed by an expanded panel of the Court (or the Court en banc).

In such a case, the decision of the panel initially deciding the

case shall not be a part of the record."

Subsec. (e). Pub. L. 102-82, Sec. 1(2), redesignated subsec. (e)

as (c).

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.

-End-

-CITE-

38 USC Sec. 7268 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER II - PROCEDURE

-HEAD-

Sec. 7268. Availability of proceedings

-STATUTE-

(a) Except as provided in subsection (b) of this section, all

decisions of the Court of Appeals for Veterans Claims and all

briefs, motions, documents, and exhibits received by the Court

(including a transcript of the stenographic report of the hearings)

shall be public records open to the inspection of the public.

(b)(1) The Court may make any provision which is necessary to

prevent the disclosure of confidential information, including a

provision that any such document or information be placed under

seal to be opened only as directed by the Court.

(2) After the decision of the Court in a proceeding becomes

final, the Court may, upon motion of the appellant or the

Secretary, permit the withdrawal by the party entitled thereto of

originals of books, documents, and records, and of models,

diagrams, and other exhibits, submitted to the Court or the Court

may, on its own motion, make such other disposition thereof as it

considers advisable.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4117, Sec. 4068; renumbered Sec. 7268, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

amended Pub. L. 102-82, Sec. 8(2), Aug. 6, 1991, 105 Stat. 377;

Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat.

3341.)

-MISC1-

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 renumbered section 4068 of this title as

this section.

Subsec. (b)(2). Pub. L. 102-82 substituted "may, upon motion of

the appellant or the Secretary," for "shall" and "or the Court" for

"before the Court".

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.

-End-

-CITE-

38 USC Sec. 7269 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER II - PROCEDURE

-HEAD-

Sec. 7269. Publication of decisions

-STATUTE-

(a) The Court of Appeals for Veterans Claims shall provide for

the publication of decisions of the Court in such form and manner

as may be best adapted for public information and use. The Court

may make such exceptions, or may authorize the chief judge to make

such exceptions, to the requirement for publication in the

preceding sentence as may be appropriate.

(b) Such authorized publication shall be competent evidence of

the decisions of the Court of Appeals for Veterans Claims therein

contained in all courts of the United States and of the several

States without any further proof or authentication thereof.

(c) Such publications shall be subject to sale in the same manner

and upon the same terms as other public documents.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4118, Sec. 4069; renumbered Sec. 7269, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

amended Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11, 1998,

112 Stat. 3341.)

-MISC1-

AMENDMENTS

1998 - Subsecs. (a), (b). Pub. L. 105-368 substituted "Court of

Appeals for Veterans Claims" for "Court of Veterans Appeals".

1991 - Pub. L. 102-40 renumbered section 4069 of this title as

this section.

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.

-End-

-CITE-

38 USC SUBCHAPTER III - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-End-

-CITE-

38 USC Sec. 7281 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7281. Employees

-STATUTE-

(a) The Court of Appeals for Veterans Claims may appoint a clerk

without regard to the provisions of title 5 governing appointments

in the competitive service. The clerk shall serve at the pleasure

of the Court.

(b) The judges of the Court may appoint law clerks and

secretaries, in such numbers as the Court may approve, without

regard to the provisions of title 5 governing appointments in the

competitive service. Any such law clerk or secretary shall serve at

the pleasure of the appointing judge.

(c) The clerk, with the approval of the Court, may appoint

necessary deputies and employees without regard to the provisions

of title 5 governing appointments in the competitive service.

(d) The Court may fix and adjust the rates of basic pay for the

clerk and other employees of the Court without regard to the

provisions of chapter 51, subchapter III of chapter 53, or section

5373 of title 5. To the maximum extent feasible, the Court shall

compensate employees at rates consistent with those for employees

holding comparable positions in the judicial branch.

(e) In making appointments under subsections (a) through (c) of

this section, preference shall be given, among equally qualified

persons, to persons who are preference eligibles (as defined in

section 2108(3) of title 5).

(f) The Court may procure the services of experts and consultants

under section 3109 of title 5.

(g) The chief judge of the Court may exercise the authority of

the Court under this section whenever there are not at least two

other judges of the Court.

(h) The Court shall not be considered to be an agency within the

meaning of section 3132(a)(1) of title 5.

(i) The Court may accept and utilize voluntary services and

uncompensated (gratuitous) services, including services as

authorized by section 3102(b) of title 5 and may accept, hold,

administer, and utilize gifts and bequests of personal property for

the purposes of aiding or facilitating the work of the Court. Gifts

or bequests of money to the Court shall be covered into the

Treasury.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4118, Sec. 4081; amended Pub. L. 101-94, title II,

Sec. 204(a), Aug. 16, 1989, 103 Stat. 627; renumbered Sec. 7281,

Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat.

238; Pub. L. 102-82, Sec. 7, Aug. 6, 1991, 105 Stat. 377; Pub. L.

105-368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 3341;

Pub. L. 106-117, title X, Sec. 1035(1), Nov. 30, 1999, 113 Stat.

1595.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointment in the

competitive service, referred to in subsecs. (a) to (c), are

classified generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1999 - Subsec. (g). Pub. L. 106-117 amended subsec. (g)

generally. Prior to amendment, subsec. (g) read as follows: "The

Chief Judge of the Court may exercise the authority of the Court

under this section whenever there are not at least two associate

judges of the Court."

1998 - Subsec. (a). Pub. L. 105-368 substituted "Court of Appeals

for Veterans Claims" for "Court of Veterans Appeals".

1991 - Pub. L. 102-40 renumbered section 4081 of this title as

this section.

Subsec. (i). Pub. L. 102-82 added subsec. (i).

1989 - Pub. L. 101-94 amended section generally. Prior to

amendment, section read as follows: "The Court of Veterans Appeals

may appoint such employees as may be necessary to execute the

functions vested in the Court. Such appointments shall be made in

accordance with the provisions of title 5 governing appointment in

the competitive service, except that the Court may classify such

positions based upon the classification of comparable positions in

the judicial branch. The basic pay of such employees shall be fixed

in accordance with subchapter III of chapter 53 of title 5."

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-117 effective Nov. 30, 1999, with

savings provision for incumbent chief judge, see section 1036 of

Pub. L. 106-117, set out as a note under section 7253 of this

title.

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.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 204(c) of Pub. L. 101-94 provided that: "Notwithstanding

section 401 of the Veterans' Judicial Review Act [Pub. L. 100-687,

set out as an Effective Date note under section 7251 of this

title], the authority provided by section 4081 [now 7281] of title

38, United States Code, as amended by subsection (a), shall take

effect on the date of the enactment of this Act [Aug. 16, 1989]."

LIMITATION ON CONVERSION OF EMPLOYEES TO COMPETITIVE SERVICE

Section 204(b) of Pub. L. 101-94, as amended by Pub. L. 105-368,

title V, Sec. 512(c), Nov. 11, 1998, 112 Stat. 3342, provided that:

"Notwithstanding clause (1)(A) of the proviso under the heading

'Court of Veterans Appeals' in chapter XI of [title I of] Public

Law 101-45 [formerly set out below], no employee of the United

States Court of Appeals for Veterans Claims may be converted to the

competitive service without the approval of the Court."

APPOINTMENT OF EMPLOYEES ELIGIBLE FOR NONCOMPETITIVE CONVERSION TO

POSITION IN COMPETITIVE SERVICE; PROCUREMENT OF EXPERTS AND

CONSULTANTS

Pub. L. 101-45, title I, June 30, 1989, 103 Stat. 113, authorized

United States Court of Veterans Appeals, during fiscal year 1989,

to appoint not to exceed 35 employees to positions in competitive

service if certain requirements were met and to procure services of

experts and consultants.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 2302.

-End-

-CITE-

38 USC Sec. 7282 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7282. Budget and expenditures

-STATUTE-

(a) The budget of the Court of Appeals for Veterans Claims as

submitted by the Court for inclusion in the budget of the President

for any fiscal year shall be included in that budget without review

within the executive branch.

(b) The Court may make such expenditures (including expenditures

for personal services and rent at the seat of Government and

elsewhere, and for law books, books of reference, and periodicals)

as may be necessary to execute efficiently the functions vested in

the Court.

(c) All expenditures of the Court shall be allowed and paid upon

presentation of itemized vouchers signed by the certifying officer

designated by the chief judge. Except as provided in section 7285

of this title, all such expenditures shall be paid out of moneys

appropriated for purposes of the Court.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4118, Sec. 4082; renumbered Sec. 7282 and amended

Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105

Stat. 238, 239; Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11,

1998, 112 Stat. 3341.)

-MISC1-

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, Sec. 402(b)(1), renumbered section 4082 of

this title as this section.

Subsec. (c). Pub. L. 102-40, Sec. 402(d)(1), substituted "7285"

for "4085".

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.

-End-

-CITE-

38 USC Sec. 7283 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7283. Disposition of fees

-STATUTE-

Except for amounts received pursuant to section 7285 of this

title, all fees received by the Court of Appeals for Veterans

Claims shall be covered into the Treasury as miscellaneous

receipts.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4118, Sec. 4083; renumbered Sec. 7283 and amended

Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105

Stat. 238, 239; Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11,

1998, 112 Stat. 3341.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-368 substituted "Court of Appeals for Veterans

Claims" for "Court of Veterans Appeals".

1991 - Pub. L. 102-40 renumbered section 4083 of this title as

this section and substituted "7285" for "4085".

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.

-End-

-CITE-

38 USC Sec. 7284 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7284. Fee for transcript of record

-STATUTE-

The Court of Appeals for Veterans Claims may fix a fee, not in

excess of the fee authorized by law to be charged and collected

therefor by the clerks of the district courts, for comparing, or

for preparing and comparing, a transcript of the record of any

proceeding before the Court, or for copying any record, entry, or

other paper and the comparison and certification thereof.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4118, Sec. 4084; renumbered Sec. 7284, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

amended Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11, 1998,

112 Stat. 3341.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-368 substituted "Court of Appeals for Veterans

Claims" for "Court of Veterans Appeals".

1991 - Pub. L. 102-40 renumbered section 4084 of this title as

this section.

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.

-End-

-CITE-

38 USC Sec. 7285 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7285. Practice and registration fees

-STATUTE-

(a) The Court of Appeals for Veterans Claims may impose a

periodic registration fee on persons admitted to practice before

the Court. The frequency and amount of such fee shall be determined

by the Court, except that such amount may not exceed $30 per year.

The Court may also impose a registration fee on persons (other than

judges of the Court) participating at judicial conferences convened

pursuant to section 7286 of this title or in any other

court-sponsored activity.

(b) Amounts received by the Court under subsection (a) of this

section shall be available to the Court for the following purposes:

(1) Conducting investigations and proceedings, including

employing independent counsel, to pursue disciplinary matters.

(2) Defraying the expenses of -

(A) judicial conferences convened pursuant to section 7286 of

this title; and

(B) other activities and programs of the Court that are

intended to support and foster communication and relationships

between the Court and persons practicing before the Court or

the study, understanding, public commemoration, or improvement

of veterans law or of the work of the Court.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4119, Sec. 4085; renumbered Sec. 7285, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

amended Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11, 1998,

112 Stat. 3341; Pub. L. 107-103, title VI, Sec. 604(a)-(c)(1), Dec.

27, 2001, 115 Stat. 999.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-103, Sec. 604(c)(1), substituted "Practice and

registration fees" for "Practice fee" in section catchline.

Subsec. (a). Pub. L. 107-103, Sec. 604(a), inserted at end "The

Court may also impose a registration fee on persons (other than

judges of the Court) participating at judicial conferences convened

pursuant to section 7286 of this title or in any other

court-sponsored activity."

Subsec. (b). Pub. L. 107-103, Sec. 604(b), substituted "for the

following purposes:" and pars. (1) and (2) for "for the purposes of

(1) employing independent counsel to pursue disciplinary matters,

and (2) defraying administrative costs for the implementation of

the standards of proficiency prescribed for practice before the

Court."

1998 - Subsec. (a). Pub. L. 105-368 substituted "Court of Appeals

for Veterans Claims" for "Court of Veterans Appeals".

1991 - Pub. L. 102-40 renumbered section 4085 of this title as

this section.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7282, 7283 of this title.

-End-

-CITE-

38 USC Sec. 7286 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7286. Judicial Conference of the Court

-STATUTE-

The Chief Judge of the Court of Appeals for Veterans Claims may

summon the judges of the Court to an annual judicial conference, at

a time and place that the Chief Judge designates, for the purpose

of considering the business of the Court and recommending means of

improving the administration of justice within the Court's

jurisdiction. The Court shall provide by its rules for

representation and active participation at such conference by

persons admitted to practice before the Court and by other persons

active in the legal profession.

-SOURCE-

(Added Pub. L. 102-82, Sec. 2(a), Aug. 6, 1991, 105 Stat. 375;

amended Pub. L. 105-368, title V, Sec. 512(a)(1), (2)(A), Nov. 11,

1998, 112 Stat. 3341.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-368 struck out "of Veterans Appeals" after

"Court" in section catchline and substituted "Court of Appeals for

Veterans Claims" for "Court of Veterans Appeals" in text.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7285 of this title.

-End-

-CITE-

38 USC Sec. 7287 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 7287. Administration

-STATUTE-

Notwithstanding any other provision of law, the Court of Appeals

for Veterans Claims may exercise, for purposes of management,

administration, and expenditure of funds of the Court, the

authorities provided for such purposes by any provision of law

(including any limitation with respect to such provision of law)

applicable to a court of the United States (as that term is defined

in section 451 of title 28), except to the extent that such

provision of law is inconsistent with a provision of this chapter.

-SOURCE-

(Added Pub. L. 107-103, title VI, Sec. 605(a), Dec. 27, 2001, 115

Stat. 1000.)

-End-

-CITE-

38 USC SUBCHAPTER IV - DECISIONS AND REVIEW 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER IV - DECISIONS AND REVIEW

-HEAD-

SUBCHAPTER IV - DECISIONS AND REVIEW

-End-

-CITE-

38 USC Sec. 7291 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER IV - DECISIONS AND REVIEW

-HEAD-

Sec. 7291. Date when Court decision becomes final

-STATUTE-

(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, 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 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 denied, or

(C) the decision of the United States Court of Appeals for the

Federal Circuit has been affirmed 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 Appeals for the Federal Circuit shall become final upon the

expiration of 30 days from the time such decision of the Court of

Appeals for Veterans Claims was rendered, unless within such 30

days either the Secretary or the petitioner has instituted

proceedings to have such decision corrected so that it will accord

with the mandate, in which event the decision of the Court of

Appeals 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

rehearing, 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 denied, or

(3) the decision of the United States Court of Appeals for the

Federal Circuit has been affirmed 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 "mandate", in case a

mandate has been recalled before the expiration of 30 days from the

date of issuance thereof, means the final mandate.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4119, Sec. 4091; renumbered Sec. 7291 and amended

Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105

Stat. 238, 239; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991,

105 Stat. 404, 405; Pub. L. 105-368, title V, Sec. 512(a)(1),

(2)(B), Nov. 11, 1998, 112 Stat. 3341.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-368, Sec. 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, Sec. 512(a)(1), substituted

"Court of Appeals for Veterans Claims" for "Court of Veterans

Appeals" wherever appearing.

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 4091 of

this title as this section.

Subsec. (a). Pub. L. 102-40, Sec. 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).

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.

-End-

-CITE-

38 USC Sec. 7292 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER IV - DECISIONS AND REVIEW

-HEAD-

Sec. 7292. Review by United States Court of Appeals for the Federal

Circuit

-STATUTE-

(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) 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.

(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.

-SOURCE-

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

1988, 102 Stat. 4120, Sec. 4092; amended Pub. L. 101-94, title III,

Sec. 302(b), Aug. 16, 1989, 103 Stat. 628; renumbered Sec. 7292,

Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat.

238; Pub. L. 102-54, Sec. 14(e)(5), June 13, 1991, 105 Stat. 287;

Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105

Stat. 404-406; Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11,

1998, 112 Stat. 3341; Pub. L. 107-330, title IV, Sec. 402(a), Dec.

6, 2002, 116 Stat. 2832.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-330 inserted "a decision of the

Court on a rule of law or of" after "the validity of" in first

sentence.

1998 - Subsecs. (a), (b), (d)(1), (e). Pub. L. 105-368

substituted "Court of Appeals for Veterans Claims" for "Court of

Veterans Appeals" wherever appearing.

1991 - Pub. L. 102-40 renumbered section 4092 of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1155" for

"355".

Subsec. (b)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Subsec. (c). Pub. L. 102-54 amended subsec. (c) as in effect

immediately before the enactment of Pub. L. 102-40 by substituting

"United States Court" for "United States Courts".

1989 - Subsec. (d)(1). Pub. L. 101-94 struck out "statute or"

before "regulation".

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-330, title IV, Sec. 402(b), Dec. 6, 2002, 116 Stat.

2832, provided that: "The amendment made by subsection (a)

[amending this section] shall apply with respect to any appeal -

"(1) filed with the United States Court of Appeals for the

Federal Circuit on or after the date of the enactment of this Act

[Dec. 6, 2002]; or

"(2) pending with the United States Court of Appeals for the

Federal Circuit as of the date of the enactment of this Act in

which a decision has not been rendered as of that date."

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.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-94 effective as if included in Pub. L.

100-687, div. A, see section 302(c) of Pub. L. 101-94, set out as a

note under section 5701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7252, 7291 of this title.

-End-

-CITE-

38 USC SUBCHAPTER V - RETIREMENT AND SURVIVORS ANNUITIES 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER V - RETIREMENT AND SURVIVORS ANNUITIES

-HEAD-

SUBCHAPTER V - RETIREMENT AND SURVIVORS ANNUITIES

-End-

-CITE-

38 USC Sec. 7296 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER V - RETIREMENT AND SURVIVORS ANNUITIES

-HEAD-

Sec. 7296. Retirement of judges

-STATUTE-

(a) For purposes of this section:

(1) The term "Court" means the United States Court of Appeals

for Veterans Claims.

(2) The term "judge" means a judge of the Court.

(b)(1) A judge who meets the age and service requirements set

forth in the following table may retire:

And the years

of service

The judge has as a judge

attained age: are at least

65 15

66 14

67 13

68 12

69 11

70 10

(2) A judge who is not reappointed following the expiration of

the term for which appointed may retire upon the completion of that

term if the judge has served as a judge of the Court for 15 years

or more.

(3) A judge who becomes permanently disabled and as a result of

that disability is unable to perform the duties of the office shall

retire.

(c)(1) An individual who retires under subsection (b) of this

section and elects under subsection (d) of this section to receive

retired pay under this subsection shall (except as provided in

paragraph (2) of this subsection) receive retired pay as follows:

(A) In the case of a judge who is a recall-eligible retired

judge under section 7257 of this title or who was a

recall-eligible retired judge under that section and was removed

from recall status under subsection (b)(4) of that section by

reason of disability, the retired pay of the judge shall be the

pay of a judge of the court.

(B) In the case of a judge who at the time of retirement did

not provide notice under section 7257 of this title of

availability for service in a recalled status, the retired pay of

the judge shall be the rate of pay applicable to that judge at

the time of retirement.

(C) In the case of a judge who was a recall-eligible retired

judge under section 7257 of this title and was removed from

recall status under subsection (b)(3) of that section, the

retired pay of the judge shall be the pay of the judge at the

time of the removal from recall status.

(2) An individual who serves as a judge for less than 10 years

and who retires under subsection (b)(3) of this section and elects

under subsection (d) of this section to receive retired pay under

this subsection shall receive retired pay at a rate equal to

one-half of the rate of pay in effect at the time of retirement.

(3) Retired pay under this subsection shall begin to accrue on

the day following the day on which the individual's salary as judge

ceases to accrue and shall continue to accrue during the remainder

of the individual's life. Retired pay under this subsection shall

be paid in the same manner as the salary of a judge.

(d)(1) A judge may elect to receive retired pay under subsection

(c) of this section. Such an election -

(A) may be made only while an individual is a judge (except

that, in the case of an individual who fails to be reappointed as

judge at the expiration of a term of office, the election may be

made at any time before the date after the day on which the

individual's successor takes office); and

(B) may not be revoked after the retired pay begins to accrue.

(2) In the case of a judge other than the chief judge, such an

election shall be made by filing notice of the election in writing

with the chief judge. In the case of the chief judge, such an

election shall be made by filing notice of the election in writing

with the Director of the Office of Personnel Management.

(3) The chief judge shall transmit to the Director of the Office

of Personnel Management a copy of each notice filed with the chief

judge under this subsection.

(e) If an individual for whom an election to receive retired pay

under subsection (c) is in effect accepts compensation for

employment with the United States, the individual shall, to the

extent of the amount of that compensation, forfeit all rights to

retired pay under subsection (c) of this section for the period for

which the compensation is received.

(f)(1) Except as otherwise provided in this subsection, the

provisions of the civil service retirement laws (including the

provisions relating to the deduction and withholding of amounts

from basic pay, salary, and compensation) shall apply with respect

to service as a judge as if this section had not been enacted.

(2) In the case of any individual who has filed an election to

receive retired pay under subsection (c) of this section -

(A) no annuity or other payment shall be payable to any person

under the civil service retirement laws with respect to any

service performed by such individual (whether performed before or

after such election is filed and whether performed as judge or

otherwise) except as authorized by section 8440d of title 5;

(B) no deduction for purposes of the Civil Service Retirement

and Disability Fund shall be made from retired pay payable to

that individual under subsection (c) of this section or from any

other salary, pay, or compensation payable to that individual,

for any period beginning after the day on which such election is

filed; and

(C) such individual shall be paid the lump-sum credit computed

under section 8331(8) or 8401(a) of title 5, whichever applies,

upon making application therefor with the Office of Personnel

Management.

(3)(A) A cost-of-living adjustment provided by law in annuities

payable under civil service retirement laws shall apply to retired

pay under this section only in the case of retired pay computed

under paragraph (2) of subsection (c).

(B) If such a cost-of-living adjustment would (but for this

subparagraph) result in the retired pay of a retired judge being in

excess of the annual rate of pay in effect for judges of the Court

as provided in section 7253(e) of this title, such adjustment may

be made only in such amount as results in the retired pay of the

retired judge being equal to that annual rate of pay (as in effect

on the effective date of such adjustment).

(g)(1) A judge who becomes permanently disabled and as a result

of that disability is unable to perform the duties of the office

shall certify to the President in writing that such permanent

disability exists. If the chief judge retires for such a

disability, the retirement of the chief judge shall not take effect

until concurred in by the President. If any other judge retires for

such a disability, the chief judge shall furnish to the President a

certificate of disability signed by the chief judge.

(2) Whenever the President finds that a judge has become

permanently disabled and as a result of that disability is unable

to perform the duties of the office, the President shall declare

that judge to be retired. Before a judge may be retired under this

paragraph, the judge shall be provided with a full specification of

the reasons for the retirement and an opportunity to be heard.

(h)(1) An individual who has filed an election to receive retired

pay under subsection (c) of this section may revoke such election

at any time before the first day on which retired pay would (but

for such revocation) begin to accrue with respect to such

individual.

(2) Any revocation under this subsection shall be made by filing

a notice of the election in writing with the Director of the Office

of Personnel Management. The Office of Personnel Management shall

transmit to the chief judge a copy of each notice filed under this

subsection.

(3) In the case of a revocation under this subsection -

(A) for purposes of this section, the individual shall be

treated as not having filed an election to receive retired pay

under subsection (c) of this section;

(B) for purposes of section 7297 of this title -

(i) the individual shall be treated as not having filed an

election under section 7297(b) of this title, and

(ii) section 7297(e) of this title shall not apply and the

amount credited to such individual's account (together with

interest at 3 percent per year, compounded on December 31 of

each year to the date on which the revocation is filed) shall

be returned to the individual;

(C) no credit shall be allowed for any service as a judge of

the Court unless with respect to such service either there has

been deducted and withheld the amount required by the civil

service retirement laws or there has been deposited in the Civil

Service Retirement and Disability Fund an amount equal to the

amount so required, with interest;

(D) the Court shall deposit in the Civil Service Retirement and

Disability Fund an amount equal to the additional amount it would

have contributed to such Fund but for the election under

subsection (d); and

(E) if subparagraphs (C) and (D) of this paragraph are complied

with, service on the Court shall be treated as service with

respect to which deductions and contributions had been made

during the period of service.

(i)(1) Beginning with the next pay period after the Director of

the Office of Personnel Management receives a notice under

subsection (d) of this section that a judge has elected to receive

retired pay under this section, the Director shall deduct and

withhold 1 percent of the salary of such judge. Amounts shall be so

deducted and withheld in a manner determined by the Director.

Amounts deducted and withheld under this subsection shall be

deposited in the Treasury of the United States to the credit of the

Court of Appeals for Veterans Claims Judges Retirement Fund.

Deductions under this subsection from the salary of a judge shall

terminate upon the retirement of the judge or upon the completion

of 15 years of service for which either deductions under this

subsection or a deposit under subsection (j) of this section has

been made, whichever occurs first.

(2) Each judge who makes an election under subsection (d) of this

section shall be considered to agree to the deductions from salary

which are made under paragraph (1) of this subsection.

(j) A judge who makes an election under subsection (d) of this

section shall deposit, for service on the Court performed before

the election for which contributions may be made under this

section, an amount equal to 1 percent of the salary received for

the first years, not exceeding 15 years, of that service. Retired

pay may not be allowed until a deposit required by this subsection

has been made.

(k) The amounts deducted and withheld under subsection (i) of

this section, and the amounts deposited under subsection (j) of

this section, shall be deposited in the Court of Appeals for

Veterans Claims Retirement Fund for credit to individual accounts

in the name of each judge from whom such amounts are received.

-SOURCE-

(Added Pub. L. 101-94, title I, Sec. 101(a), Aug. 16, 1989, 103

Stat. 617, Sec. 4096; renumbered Sec. 7296 and amended Pub. L.

102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; Pub. L. 102-82, Sec. 5(c)(1), Aug. 6, 1991, 105 Stat.

376; Pub. L. 102-198, Sec. 7(c)(4)(D), Dec. 9, 1991, 105 Stat.

1625; Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112

Stat. 3341; Pub. L. 106-117, title X, Secs. 1022, 1035(2), Nov. 30,

1999, 113 Stat. 1592, 1595; Pub. L. 107-103, title VI, Sec. 602,

Dec. 27, 2001, 115 Stat. 999.)

-REFTEXT-

REFERENCES IN TEXT

The civil service retirement laws, referred to in subsecs. (f)

and (h)(3)(C), are classified generally to subchapter III (Sec.

8331 et seq.) of chapter 83 of Title 5, Government Organization and

Employees.

The Civil Service Retirement and Disability Fund, referred to in

subsecs. (f)(2)(B) and (h)(3)(C), (D), is provided for in section

8348 of Title 5.

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(2). Pub. L. 107-103 struck out at end: "In

order to retire under this paragraph, a judge must, not earlier

than 9 months preceding the date of the expiration of the judge's

term of office and not later than 6 months preceding such date,

advise the President in writing that the judge is willing to accept

reappointment to the Court."

1999 - Subsec. (a)(2). Pub. L. 106-117, Sec. 1035(2), substituted

"a judge" for "the chief judge or an associate judge".

Subsec. (c)(1). Pub. L. 106-117, Sec. 1022(a), substituted "as

follows:" for "at the rate of pay in effect at the time of

retirement." and added subpars. (A) to (C).

Subsec. (f)(3). Pub. L. 106-117, Sec. 1022(b), added par. (3).

1998 - Subsecs. (a)(1), (i)(1), (k). Pub. L. 105-368 substituted

"Court of Appeals for Veterans Claims" for "Court of Veterans

Appeals".

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 4096 of

this title as this section.

Subsec. (f)(2)(A). Pub. L. 102-198 substituted "8440d" for

"8440c".

Pub. L. 102-82 inserted before semicolon at end "except as

authorized by section 8440c of title 5".

Subsec. (h)(3)(B). Pub. L. 102-40, Sec. 402(d)(1), substituted

"7297" for "4097" in introductory provisions, "7297(b)" for

"4097(b)" in cl. (i), and "7297(e)" for "4097(e)" in cl. (ii).

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by section 1035(2) of Pub. L. 106-117 effective Nov.

30, 1999, with savings provision for incumbent chief judge, see

section 1036 of Pub. L. 106-117, set out as a note under section

7253 of this title.

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.

TRANSITIONAL PROVISIONS TO STAGGER TERMS OF JUDGES

Pub. L. 106-117, title X, Sec. 1002, Nov. 30, 1999, 113 Stat.

1588, provided that: "In this title [see Short Title of 1999

Amendments note set out under section 101 of this title], the term

'Court' means the United States Court of Appeals for Veterans

Claims."

Pub. L. 106-117, title X, Secs. 1011, 1012, Nov. 30, 1999, 113

Stat. 1588, 1590, provided that:

"SEC. 1011. EARLY RETIREMENT AUTHORITY FOR CURRENT JUDGES.

"(a) Retirement Authorized. - One eligible judge may retire in

accordance with this section in 2000 or 2001, and one additional

eligible judge may retire in accordance with this section in 2001.

"(b) Eligible Judges. - For purposes of this section, an eligible

judge is a judge of the Court (other than the chief judge) who -

"(1) has at least 10 years of service creditable under section

7296 of title 38, United States Code;

"(2) has made an election to receive retired pay under section

7296 of such title;

"(3) has at least 20 years of service described in section

7297(l) of such title; and

"(4) is at least 55 years of age.

"(c) Multiple Eligible Judges. - If for any year specified in

subsection (a) more than one eligible judge provides notice in

accordance with subsection (d), the judge who has the greatest

seniority as a judge of the Court shall be the judge who is

eligible to retire in accordance with this section in that year.

"(d) Notice. - An eligible judge who desires to retire in

accordance with this section with respect to any year covered by

subsection (a) shall provide to the President and the chief judge

of the Court written notice to that effect and stating that the

judge agrees to the temporary service requirements of subsection

(j). Such notice shall be provided not later than April 1 of that

year and shall specify the retirement date in accordance with

subsection (e). Notice provided under this subsection shall be

irrevocable.

"(e) Date of Retirement. - A judge who is eligible to retire in

accordance with this section shall be retired during the calendar

year as to which notice is provided pursuant to subsection (d), but

not earlier than 30 days after the date on which that notice is

provided pursuant to subsection (d).

"(f) Applicable Provisions. - Except as provided in subsections

(g) and (j), a judge retired in accordance with this section shall

be considered for all purposes to be retired under section

7296(b)(1) of title 38, United States Code.

"(g) Applicability of Recall Status Authority. - The provisions

of section 7257 of this title shall apply to a judge retired in

accordance with this section as if the judge is a judge specified

in subsection (a)(2)(A) of that section.

"(h) Rate of Retired Pay. - The rate of retired pay for a judge

retiring in accordance with this section is -

"(1) the rate applicable to that judge under section 7296(c)(1)

of title 38, United States Code, multiplied by

"(2) the fraction (not in excess of 1) in which -

"(A) the numerator is the number of years of service of the

judge as a judge of the Court creditable under section 7296 of

such title; and

"(B) the denominator is 15.

"(i) Adjustments in Retired Pay for Judges Available for Recall.

- Subject to section 7296(f)(3)(B) of title 38, United States Code,

an adjustment provided by law in annuities payable under civil

service retirement laws shall apply to retired pay under this

section in the case of a judge who is a recall-eligible retired

judge under section 7257 of such title or who was a recall-eligible

retired judge under that section and was removed from recall status

under subsection (b)(4) of that section by reason of disability.

"(j) Duty of Actuary. - [Amended section 7298 of this title.]

"(k) Transitional Service of Judge Retired Under This Section. -

(1) A judge who retires under this section shall continue to serve

on the Court during the period beginning on the effective date of

the judge's retirement under subsection (e) and ending on the

earlier of -

"(A) the date on which a person is appointed to the position on

the Court vacated by the judge's retirement; and

"(B) the date on which the judge's original appointment to the

court would have expired.

"(2) Subsections (f) and (g) of section 7253 of title 38, United

States Code, shall apply with respect to the service of a judge on

the Court under this section.

"(3) Notwithstanding any other provision of law, a person whose

service as a judge of the Court continues under this section shall

be paid for the period of service under this subsection at the rate

that is the difference between the current rate of pay for a judge

of the Court and the rate of the judge's retired pay under

subsection (g).

"(4) Amounts paid under paragraph (3) -

"(A) shall not be treated as -

"(i) compensation for employment with the United States for

purposes of section 7296(e) of title 38, United States Code, or

any provision of title 5, United States Code, relating to the

receipt or forfeiture of retired pay or retirement annuities by

a person accepting compensation for employment with the United

States; or

"(ii) pay for purposes of deductions or contributions for or

on behalf of the person to retired pay under subchapter V of

chapter 72 of title 38, United States Code, or under chapter 83

or 84 of title 5, United States Code, as applicable; but

"(B) may, at the election of the person, be treated as pay for

purposes of deductions or contributions for or on behalf of the

person to a retirement or other annuity, or both, under

subchapter V of chapter 72 of title 38, United States Code, or

under chapter 83 or 84 of title 5, United States Code, as

applicable.

"(5) Amounts paid under paragraph (3) shall be derived from

amounts available for payment of salaries and benefits of judges of

the Court.

"(6) The service as a judge of the Court under this subsection of

a person who makes an election provided for under paragraph (4)(B)

shall constitute creditable service toward the judge's years of

judicial service for purposes of section 7297 of title 38, United

States Code, with such service creditable at a rate equal to the

rate at which such service would be creditable for such purposes if

served by a judge of the Court under chapter 72 of that title. For

purposes of subsection (k)(3) of that section, the average annual

pay for such service shall be the sum of the judge's retired pay

and the amount paid under paragraph (3) of this subsection.

"(7) In the case of such a person who makes an election provided

for under paragraph (4)(B), upon the termination of the service of

that person as a judge of the Court under this subsection, the

retired pay of that person under subsection (g) shall be recomputed

to reflect the additional period of service served under this

subsection.

"(l) Treatment of Political Party Membership. - For purposes of

determining compliance with the last sentence of section 7253(b) of

title 38, United States Code, the political party membership of a

judge serving on the Court under subsection (j) shall not be taken

into account.

"SEC. 1012. MODIFIED TERMS FOR NEXT TWO JUDGES APPOINTED TO THE

COURT.

"(a) Modified Terms. - The term of office of the first two judges

appointed to the Court after the date of the enactment of this Act

[Nov. 30, 1999] shall be 13 years (rather than the period specified

in section 7253(c) of title 38, United States Code).

"(b) Eligibility for Retirement. - (1) For purposes of

determining the eligibility to retire under section 7296 of title

38, United States Code, of the two judges of the Court whose term

of office is determined under subsection (a) -

"(A) the age and service requirements in the table in paragraph

(2) shall apply to those judges rather than the otherwise

applicable age and service requirements specified in the table in

subsection (b)(1) of that section; and

"(B) the minimum years of service applicable to those judges

for eligibility to retire under the first sentence of subsection

(b)(2) of that section shall be 13 years instead of 15 years.

"(2) The age and service requirements in this paragraph are as

follows:

"The judge has attained And the years of

service

age: as a judge are

at least

65 13

66 13

67 13

68 12

69 11

70 10."

Pub. L. 106-117, title X, Sec. 1032(b), Nov. 30, 1999, 113 Stat.

1595, provided that: "A person serving as a judge of the Court

under section 1011 may not serve as chief judge of the Court."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7257, 7297, 7298, 7299 of

this title; title 5 sections 8334, 8402, 8440d; title 28 sections

178, 377.

-End-

-CITE-

38 USC Sec. 7297 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER V - RETIREMENT AND SURVIVORS ANNUITIES

-HEAD-

Sec. 7297. Survivor annuities

-STATUTE-

(a) For purposes of this section:

(1) The term "Court" means the United States Court of Appeals

for Veterans Claims.

(2) The term "judge" means a judge of the Court who is in

active service or who has retired under section 7296 of this

title.

(3) The term "pay" means salary received under section 7253(e)

of this title and retired pay received under section 7296 of this

title.

(4) The term "retirement fund" means the Court of Appeals for

Veterans Claims Retirement Fund established under section 7298 of

this title.

(5) The term "surviving spouse" means a surviving spouse of an

individual who (A) was married to such individual for at least

one year immediately preceding the individual's death, or (B) is

a parent of issue by the marriage.

(6) The term "dependent child" has the meaning given the term

"child" in section 376(a)(5) of title 28.

(7) The term "Member of Congress" means a Representative, a

Senator, a Delegate to Congress, or the Resident Commissioner of

Puerto Rico.

(8) The term "assassination" as applied to a judge shall have

the meaning provided that term in section 376(a)(7) of title 28

as applied to a judicial official.

(b) A judge may become a participant in the annuity program under

this section by filing a written election under this subsection

while in office or within six months after the date on which the

judge marries if the judge has retired under section 7296 of this

title. Any such election shall be made in such manner as may be

prescribed by the Court.

(c) There shall be deducted and withheld each pay period from the

pay of a judge who has made an election under subsection (b) of

this section a sum equal to that percentage of the judge's pay that

is the same as provided for the deduction from the salary or

retirement salary of a judge of the United States Court of Federal

Claims for the purpose of a survivor annuity under section

376(b)(1)(B) of title 28. Amounts so deducted and withheld shall be

deposited in the retirement fund. A judge who makes an election

under subsection (b) of this section shall be considered by that

election to agree to the deductions from the judge's pay required

by this subsection.

(d)(1) A judge who makes an election under subsection (b) of this

section shall deposit, with interest at 3 percent per year

compounded on December 31 of each year, to the credit of the

retirement fund, an amount equal to 3.5 percent of the judge's pay

and of the judge's basic salary, pay, or compensation for service

as a Member of Congress, and for any other civilian service within

the purview of section 8332 of title 5. Each such judge may elect

to make such deposits in installments during the judge's period of

service in such amount and under such conditions as may be

determined in each instance by the chief judge. Notwithstanding the

failure of a judge to make such deposit, credit shall be allowed

for the service rendered, but the annual annuity of the surviving

spouse of such judge shall be reduced by an amount equal to 10

percent of the amount of such deposit, computed as of the date of

the death of such judge, unless the surviving spouse elects to

eliminate such service entirely from credit under subsection (k) of

this section. However, a deposit shall not be required from a judge

for any year with respect to which deductions from the judge's pay,

or a deposit, were actually made (and not withdrawn) under the

civil service retirement laws.

(2) The interest required under the first sentence of paragraph

(1) shall not be required for any period -

(A) during which a judge was separated from any service

described in section 376(d)(2) of title 28; and

(B) during which the judge was not receiving retired pay based

on service as a judge or receiving any retirement salary as

described in section 376(d)(1) of title 28.

(e) If the service of a judge who makes an election under

subsection (b) of this section terminates other than pursuant to

the provisions of section 7296 of this title, or if any judge

ceases to be married after making the election under subsection (b)

of this section and revokes (in a writing filed as provided in

subsection (b) of this section) such election, the amount credited

to the judge's individual account (together with interest at 3

percent per year compounded on December 31 of each year to the date

of the judge's relinquishment of office) shall be returned to the

judge. For the purpose of this section, the service of a judge

making an election under subsection (b) of this section shall be

considered to have terminated pursuant to section 7296 of this

title if -

(1) the judge is not reappointed following expiration of the

term for which appointed; and

(2) at or before the time of the expiration of that term, the

judge is eligible for and elects to receive retired pay under

section 7296 of this title.

(f)(1) If a judge who makes an election under subsection (b) of

this section dies after having rendered at least 18 months of

civilian service (computed as prescribed in subsection (l) of this

section), for the last 18 months of which the salary deductions

provided for by subsection (c) of this section or the deposits

required by subsection (d) of this section have actually been made

(and not withdrawn) or the salary deductions required by the civil

service retirement laws have actually been made (and not withdrawn)

-

(A) if the judge is survived by a surviving spouse but not by a

dependent child, there shall be paid to the surviving spouse an

annuity beginning with the day of the death of the judge, in an

amount computed as provided in subsection (k) of this section; or

(B) if the judge is survived by a surviving spouse and a

dependent child or children, there shall be paid to the surviving

spouse an immediate annuity in an amount computed as provided in

subsection (k) of this section and there shall also be paid to or

on behalf of each such child an immediate annuity equal to the

lesser of -

(i) 10 percent of the average annual pay of such judge

(determined in accordance with subsection (k) of this section),

or

(ii) 20 percent of such average annual pay, divided by the

number of such children; or

(C) if the judge is not survived by a surviving spouse but is

survived by a dependent child or children, there shall be paid to

or on behalf of each such child an immediate annuity equal to the

lesser of -

(i) 20 percent of the average annual pay of such judge

(determined in accordance with subsection (k) of this section),

or

(ii) 40 percent of such average annual pay, divided by the

number of such children.

(2) The annuity payable to a surviving spouse under this

subsection shall be terminated -

(A) upon the surviving spouse's death; or

(B) upon the remarriage of the surviving spouse before age 55.

(3) The annuity payable to a child under this subsection shall be

terminated upon the child's death.

(4) In case of the death of a surviving spouse of a judge leaving

a dependent child or children of the judge surviving the spouse,

the annuity of such child or children under paragraph (1)(B) of

this subsection shall be recomputed and paid as provided in

paragraph (1)(C) of this subsection. In any case in which the

annuity of a dependent child is terminated, the annuities of any

remaining dependent child or children, based upon the service of

the same judge, shall be recomputed and paid as though the child

whose annuity was so terminated had not survived the judge.

(5) If a judge dies as a result of an assassination and leaves a

survivor or survivors who are otherwise entitled to receive annuity

payments under this section, the 18-month requirement in the matter

in paragraph (1) preceding subparagraph (A) shall not apply.

(g) Questions of family relationships, dependency, and disability

arising under this section shall be determined in the same manner

as such questions arising under chapter 84 of title 5 are

determined.

(h)(1) If -

(A) a judge making an election under subsection (b) of this

section dies while in office (i) before having rendered 5 years

of civilian service computed as prescribed in subsection (l) of

this section, or (ii) after having rendered 5 years of such

civilian service but without a survivor entitled to annuity

benefits provided by subsection (f) of this section; or

(B) the right of all persons entitled to an annuity under

subsection (f) of this section based on the service of such judge

terminates before a claim for such benefits has been established,

the total amount credited to the individual account of such judge

(with interest at 3 percent per year, compounded on December 31 of

each year, to the date of the death of such judge) shall be paid in

the manner specified in paragraph (2) of this subsection.

(2) An amount payable under paragraph (1) of this subsection

shall be paid, upon the establishment of a valid claim therefor, to

the person or persons surviving at the date title to the payment

arises, in the following order of precedence:

(A) To the beneficiary or beneficiaries whom the judge

designated in writing filed before death with the chief judge

(except that in the case of the chief judge such designation

shall be filed before death as prescribed by the Court).

(B) To the surviving spouse of the judge.

(C) To the child or children of the judge (and the descendants

of any deceased children by representation).

(D) To the parents of the judge or the survivor of them.

(E) To the executor or administrator of the estate of the

judge.

(F) To such other next of kin of the judge as may be determined

by the chief judge to be entitled under the laws of the domicile

of the judge at the time of the judge's death.

(3) Determination as to the surviving spouse, child, or parent of

a judge for the purposes of paragraph (2) of this subsection shall

be made without regard to the definitions in subsection (a) of this

section.

(4) Payment under this subsection in the manner provided in this

subsection shall be a bar to recovery by any other person.

(5) In a case in which the annuities of all persons entitled to

annuity based upon the service of a judge terminate before the

aggregate amount of annuity paid equals the total amount credited

to the individual account of such judge (with interest at 3 percent

per year, compounded on December 31 of each year to the date of the

death of the judge), the difference shall be paid, upon

establishment of a valid claim therefor, in the order of precedence

prescribed in paragraph (2) of this subsection.

(6) Any accrued annuity remaining unpaid upon the termination

(other than by death) of the annuity of any individual based upon

the service of a judge shall be paid to that individual. Any

accrued annuity remaining unpaid upon the death of an individual

receiving an annuity based upon the service of a judge shall be

paid, upon the establishment of a valid claim therefor, in the

following order of precedence:

(A) To the executor or administrator of the estate of that

person.

(B) After 30 days after the date of the death of such

individual, to such individual or individuals as may appear in

the judgment of the chief judge to be legally entitled thereto.

Such payment shall be a bar to recovery by any other individual.

(i) When a payment under this section is to be made to a minor,

or to a person mentally incompetent or under other legal disability

adjudged by a court of competent jurisdiction, the payment may be

made to the person who is constituted guardian or other fiduciary

by the law of the State of residence of such claimant or is

otherwise legally vested with the care of the claimant or the

claimant's estate. If no guardian or other fiduciary of the person

under legal disability has been appointed under the laws of the

State of residence of the claimant, the chief judge shall determine

the person who is otherwise legally vested with the care of the

claimant or the claimant's estate.

(j) Annuities under this section shall accrue monthly and shall

be due and payable in monthly installments on the first business

day of the month following the month or other period for which the

annuity has accrued. An annuity under this section is not

assignable, either in law or in equity, or subject to execution,

levy, attachment, garnishment, or other legal process.

(k)(1) The annuity of the surviving spouse of a judge making an

election under subsection (b) of this section shall be an amount

equal to the sum of the following:

(A) The product of -

(i) 1.5 percent of the judge's average annual pay; and

(ii) the sum of the judge's years of judicial service, the

judge's years of prior allowable service as a Member of

Congress, the judge's years of prior allowable service

performed as a member of the Armed Forces, and the judge's

years, not exceeding 15, of prior allowable service performed

as a congressional employee (as defined in section 2107 of

title 5).

(B) Three-fourths of 1 percent of the judge's average annual

pay multiplied by the judge's years of allowable service not

counted under subparagraph (A) of this paragraph.

(2) An annuity computed under this subsection may not exceed 50

percent of the judge's average annual pay and may not be less than

25 percent of such average annual pay. Such annuity shall be

further reduced in accordance with subsection (d) of this section

(if applicable).

(3) For purposes of this subsection, the term "average annual

pay", with respect to a judge, means the average annual pay

received by the judge for judicial service (including periods in

which the judge received retired pay under section 7296(d) of this

title) or for any other prior allowable service during the period

of three consecutive years in which the judge received the largest

such average annual pay.

(l) Subject to subsection (d) of this section, the years of

service of a judge which are allowable as the basis for calculating

the amount of the annuity of the judge's surviving spouse shall

include the judge's years of service as a judge of the Court, the

judge's years of service as a Member of Congress, the judge's years

of active service as a member of the Armed Forces not exceeding 5

years in the aggregate and not including any such service for which

credit is allowed for the purposes of retirement or retired pay

under any other provision of law, and the judge's years of any

other civilian service within the purview of section 8332 of title

5.

(m) Nothing contained in this section shall be construed to

prevent a surviving spouse eligible therefor from simultaneously

receiving an annuity under this section and any annuity to which

such spouse would otherwise be entitled under any other law without

regard to this section, but in computing such other annuity service

used in the computation of such spouse's annuity under this section

shall not be credited.

(n) A judge making an election under subsection (b) of this

section shall, at the time of such election, waive all benefits

under the civil service retirement laws except section 8440d of

title 5. Such a waiver shall be made in the same manner and shall

have the same force and effect as an election filed under section

7296(d) of this title.

(o) Each survivor annuity payable from the retirement fund shall

be increased at the same time as, and by the same percentage by

which, annuities payable from the Judicial Survivors' Annuities

Fund are increased pursuant to section 376(m) of title 28.

-SOURCE-

(Added Pub. L. 101-94, title I, Sec. 101(a), Aug. 16, 1989, 103

Stat. 620, Sec. 4097; renumbered Sec. 7297 and amended Pub. L.

102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; Pub. L. 102-54, Sec. 14(e)(6), June 13, 1991, 105 Stat.

287; Pub. L. 102-82, Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 376;

Pub. L. 102-198, Sec. 7(c)(4)(E), Dec. 9, 1991, 105 Stat. 1625;

Pub. L. 105-368, title V, Secs. 503, 512(a)(1), Nov. 11, 1998, 112

Stat. 3340, 3341; Pub. L. 106-117, title X, Secs. 1023, 1035(2),

Nov. 30, 1999, 113 Stat. 1592, 1595.)

-REFTEXT-

REFERENCES IN TEXT

The civil service retirement laws, referred to in subsecs.

(d)(1), (f)(1), and (n), are classified generally to subchapter III

(Sec. 8331 et seq.) of chapter 83 of Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(2). Pub. L. 106-117, Sec. 1035(2), substituted

"a judge" for "the chief judge or an associate judge".

Pub. L. 106-117, Sec. 1023(e)(2)(A), inserted "who is in active

service or who has retired under section 7296 of this title" after

"Court".

Subsec. (a)(3). Pub. L. 106-117, Sec. 1023(e)(2)(B), substituted

"7296" for "7296(c)".

Subsec. (a)(5). Pub. L. 106-117, Sec. 1023(a), substituted "one

year" for "two years".

Subsec. (a)(8). Pub. L. 106-117, Sec. 1023(e)(2)(C), added par.

(8).

Subsec. (b). Pub. L. 106-117, Sec. 1023(b), inserted "or within

six months after the date on which the judge marries if the judge

has retired under section 7296 of this title" before the period at

end of first sentence.

Subsec. (c). Pub. L. 106-117, Sec. 1023(c), substituted "that

percentage of the judge's pay that is the same as provided for the

deduction from the salary or retirement salary of a judge of the

United States Court of Federal Claims for the purpose of a survivor

annuity under section 376(b)(1)(B) of title 28" for "3.5 percent of

the judge's pay".

Subsec. (d). Pub. L. 106-117, Sec. 1023(d), designated existing

provisions as par. (1) and added par. (2).

Subsec. (f)(1). Pub. L. 106-117, Sec. 1023(e)(1)(A), in

introductory provisions, substituted "at least 18 months" for "at

least 5 years" and "last 18 months" for "last 5 years".

Subsec. (f)(1)(A). Pub. L. 106-117, Sec. 1023(f), struck out "or

following the surviving spouse's attainment of the age of 50 years,

whichever is the later" after "death of the judge".

Subsec. (f)(5). Pub. L. 106-117, Sec. 1023(e)(1)(B), added par.

(5).

1998 - Subsec. (a)(1), (4). Pub. L. 105-368, Sec. 512(a)(1),

substituted "Court of Appeals for Veterans Claims" for "Court of

Veterans Appeals".

Subsec. (o). Pub. L. 105-368, Sec. 503, amended subsec. (o)

generally. Prior to amendment, subsec. (o) read as follows:

"Whenever the salaries of judges paid under section 7253(e) of this

title are increased, each annuity payable from the retirement fund

which is based, in whole or in part, upon a deceased judge having

rendered some portion of that judge's final 18 months of service as

a judge of the Court, shall also be increased. The amount of the

increase in the annuity shall be determined by multiplying the

amount of the annuity on the date on which the increase in salaries

becomes effective by 3 percent for each full 5 percent by which

those salaries were increased."

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 4097 of

this title as this section.

Subsec. (a)(3). Pub. L. 102-40, Sec. 402(d)(1), substituted

"7253(e)" for "4053(e)" and "7296(c)" for "4096(c)".

Subsec. (a)(4). Pub. L. 102-40, Sec. 402(d)(1), substituted

"7298" for "4098".

Subsec. (e). Pub. L. 102-40, Sec. 402(d)(1), substituted "7296"

for "4096" wherever appearing.

Subsec. (h)(1)(A)(i). Pub. L. 102-54 amended subsec. (h)(1)(A)(i)

as in effect immediately before the enactment of Pub. L. 102-40 by

substituting "subsection (l)" for "subsection (1)".

Subsec. (k)(3). Pub. L. 102-40, Sec. 402(d)(1), substituted

"7296(d)" for "4096(d)".

Subsec. (n). Pub. L. 102-198 substituted "8440d" for "8440c".

Pub. L. 102-82 inserted "except section 8440c of title 5" before

period at end of first sentence.

Pub. L. 102-40, Sec. 402(d)(1), substituted "7296(d)" for

"4096(d)".

Subsec. (o). Pub. L. 102-40, Sec. 402(d)(1), substituted

"7253(e)" for "4053(e)".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by section 1035(2) of Pub. L. 106-117 effective Nov.

30, 1999, with savings provision for incumbent chief judge, see

section 1036 of Pub. L. 106-117, set out as a note under section

7253 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 512(a)(1) of 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7296, 7298 of this title.

-End-

-CITE-

38 USC Sec. 7298 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER V - RETIREMENT AND SURVIVORS ANNUITIES

-HEAD-

Sec. 7298. Retirement Fund

-STATUTE-

(a) There is established in the Treasury a fund known as the

Court of Appeals for Veterans Claims Retirement Fund.

(b) Amounts in the fund are available for the payment of judges'

retired pay under section 7296 of this title and of annuities,

refunds, and allowances under section 7297 of this title.

(c) Amounts deposited by, or deducted and withheld from the

salary and retired pay of, a judge under section 7296 or 7297 of

this title shall be deposited in the fund and credited to an

individual account of the judge.

(d) The chief judge of the Court of Appeals for Veterans Claims

shall submit to the President an annual estimate of the

expenditures and appropriations necessary for the maintenance and

operation of the fund, and such supplemental and deficiency

estimates as may be required from time to time for the same

purposes, according to law.

(e)(1) The chief judge may cause periodic examinations of the

retirement fund to be made by an actuary, who may be an actuary

employed by another department of the Government temporarily

assigned for the purpose.

(2)(A) Subject to the availability of appropriations, there shall

be deposited in the Treasury to the credit of the retirement fund,

not later than the close of each fiscal year, such amounts as may

be required to reduce to zero the unfunded liability (if any) of

the fund. Such deposits shall be taken from sums available for that

fiscal year for the payment of the expenses of the Court.

(B) For purposes of subparagraph (A) of this paragraph, the term

"unfunded liability", with respect to any fiscal year, means the

amount estimated by the chief judge to be equal to the excess (as

of the close of that fiscal year) of -

(i) the present value of all benefits payable from the fund

(determined on an annual basis in accordance with section 9503 of

title 31), over

(ii) the sum of -

(I) the present values of future deductions under sections

7296(i) and 7297(c) of this title and future deposits under

sections 7296(j) and 7296(d) of this title, and

(II) the balance in the fund as of the close of the fiscal

year.

(C) For purposes of subparagraph (B), the term "present value"

includes a value determined by an actuary with respect to a payment

that may be made under subsection (b) from the retirement fund

within the contemplation of law.

(D) Amounts deposited in the retirement fund under this paragraph

shall not be credited to the account of any individual.

(f) The Secretary of the Treasury shall invest from time to time,

in interest-bearing securities of the United States, such portions

of the retirement fund as in such Secretary's judgment may not be

immediately required for payments from the fund. The income derived

from such investments shall constitute a part of the fund.

(g) For purpose of section 255(g)(1)(B) of the Balanced Budget

and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)),

the retirement fund shall be treated in the same manner as the

Claims Judges' Retirement Fund.

-SOURCE-

(Added Pub. L. 101-94, title I, Sec. 101(a), Aug. 16, 1989, 103

Stat. 625, Sec. 4098; renumbered Sec. 7298 and amended Pub. L.

102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; Pub. L. 105-368, title V, Secs. 502, 512(a)(1), (2)(C),

Nov. 11, 1998, 112 Stat. 3340, 3341; Pub. L. 106-117, title X, Sec.

1011(j), Nov. 30, 1999, 113 Stat. 1589.)

-MISC1-

AMENDMENTS

1999 - Subsec. (e)(2)(C), (D). Pub. L. 106-117 added subpar. (D)

and redesignated former subpar. (C) as (D).

1998 - Pub. L. 105-368, Sec. 512(a)(2)(C), struck out "Court of

Veterans Appeals" before "Retirement Fund" in section catchline.

Subsecs. (a), (d). Pub. L. 105-368, Sec. 512(a)(1), substituted

"Court of Appeals for Veterans Claims" for "Court of Veterans

Appeals".

Subsec. (g). Pub. L. 105-368, Sec. 502, added subsec. (g).

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 4098 of

this title as this section.

Subsecs. (b), (c). Pub. L. 102-40, Sec. 402(d)(1), substituted

"7296" for "4096" and "7297" for "4097".

Subsec. (e)(2)(B)(ii)(I). Pub. L. 102-40, Sec. 402(d)(1),

substituted "7296(i) and 7297(c)" for "4096(i) and 4097(c)" and

"7296(j) and 7296(d)" for "4096(j) and 4096(d)".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 512(a)(1), (2)(C) of 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7297 of this title.

-End-

-CITE-

38 USC Sec. 7299 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER V - RETIREMENT AND SURVIVORS ANNUITIES

-HEAD-

Sec. 7299. Limitation on activities of retired judges

-STATUTE-

(a) A retired judge of the Court who is recall-eligible under

section 7257 of this title and who in the practice of law

represents (or supervises or directs the representation of) a

client in making any claim relating to veterans' benefits against

the United States or any agency thereof shall, pursuant to such

section, be considered to have declined recall service and be

removed from the status of a recall-eligible judge. The pay of such

a judge, pursuant to section 7296 of this title, shall be the pay

of the judge at the time of the removal from recall status.

(b) A recall-eligible judge shall be considered to be an officer

or employee of the United States, but only during periods when the

judge is serving in recall status. Any prohibition, limitation, or

restriction that would otherwise apply to the activities of a

recall-eligible judge shall apply only during periods when the

judge is serving in recall status.

-SOURCE-

(Added Pub. L. 106-117, title X, Sec. 1024(a), Nov. 30, 1999, 113

Stat. 1593.)

-End-