Legislación
US (United States) Code. Title 38. Chapter 72: US (United States) Court of Appeals for Veterans Claims
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38 USC CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS 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
-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.
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CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 502, 511 of this title.
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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
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38 USC Sec. 7251 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-
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."
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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.
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38 USC Sec. 7252 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-
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.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 7261 of this title.
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38 USC Sec. 7253 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-
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-
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38 USC Sec. 7254 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-
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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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