§7252 — Title 38 Veterans' Benefits | U.S. Code

Summary

Only the Court of Appeals for Veterans Claims can review decisions made by the Board of Veterans’ Appeals. The Secretary cannot ask that court to review those Board decisions. The court can agree with a Board decision, change it, overturn it, or send the case back to the Board for more action. The court looks only at the papers and evidence that were before the Secretary and the Board. How far the court can go in its review is limited by the rules in section 7261. The court cannot review the disability-rating schedule or the Secretary’s actions in making or changing that schedule (see section 1155). Decisions of the court can be reviewed further as set out in section 7292.

Title 38, §7252

Veterans' Benefits — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4052 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Pub. L. 102–54 amended subsec. (a) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “Court” for “court” in last sentence. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “1155” for “355”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 102–40, § 402(d)(1), substituted “7261” for “4061”. Subsec. (c). Pub. L. 102–40, § 402(d)(1), substituted “7292” for “4092”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment 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.

§7252 Jurisdiction; finality of decisions