§7292 Review by United States Court of Appeals for the Federal Circuit

Summary

After the Veterans Claims court decides a case, any party can ask the United States Court of Appeals for the Federal Circuit to review legal questions the Veterans court used in its decision. The review is only about laws, rules, or how they were interpreted. It cannot be about facts or about a refusal to review the disability ratings schedule under section 1155. To start a review, a party must file a notice of appeal with the Veterans Claims court using the same timing and method used for appeals from U.S. district courts to U.S. courts of appeals. If a Veterans Claims judge or panel finds a controlling legal question where reasonable people disagree, and deciding it now would speed up the case, the judge tells the chief judge, who can certify the question. After certification, any party may ask the Federal Circuit to hear that question, but the request must be filed within 10 days. Allowing such an appeal does not automatically pause the Veterans Claims court proceedings unless a judge orders a stay. The Federal Circuit has the only authority to decide these legal challenges and to interpret constitutional or statutory provisions as needed. It can strike down a rule or interpretation relied on by the Veterans court if it is unreasonable, violates the Constitution, exceeds legal authority, or was made without required procedures. The Federal Circuit cannot reexamine factual findings or how a law applies to particular facts, except for constitutional issues. The court can affirm, change, reverse, or send the case back, and its decision is final unless the Supreme Court reviews it. The Federal Circuit follows the Supreme Court’s rules for appeals.