§7263 — Title 38 Veterans' Benefits | U.S. Code

Summary

The General Counsel of the Department must represent the Secretary before the Court of Appeals for Veterans Claims. People who appeal must follow the Court’s practice rules under section 7264. Besides lawyers admitted to the Court, the Court can allow others to practice if they meet the Court’s proficiency rules. Anyone who represents a person appealing must file any fee agreement with the Court when the appeal is filed. The Court can review those agreements on its own or after a motion. If the Court finds a fee is excessive or unreasonable, it can reduce the fee. That decision is final and cannot be reviewed by any other court, including under section 5904(c)(2).

Title 38, §7263

Veterans' Benefits — Source: USLM XML via OLRC

(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.

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 4063 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”. Subsec. (b). Pub. L. 102–40, § 402(d)(1), substituted “7264” for “4064”. Subsec. (d). Pub. L. 102–40, § 402(d)(1), substituted “5904(c)(2)” for “3404(c)(2)”.

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.

§7263 Representation of parties; fee agreements