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

Summary

The Secretary must decide all legal and factual questions needed to decide benefits for veterans or their dependents or survivors. Those decisions are final and cannot be reviewed by other officials or by courts, except for matters under section 502, sections 1975 and 1984, chapter 37, or chapter 72.

Title 38, §511

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.

(b)The second sentence of subsection (a) does not apply to—

(1)matters subject to section 502 of this title;

(2)matters covered by section 1975 and 1984 of this title;

(3)matters arising under chapter 37 of this title; and

(4)matters covered by chapter 72 of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 511 was renumbered section 1511 of this title. Provisions similar to those in this section were contained in section 211(a) of this title prior to repeal by Pub. L. 102–83, § 2(a). Court Rules Federal Rules of Civil Procedure Writ of mandamus abolished in United States district courts, but relief available by appropriate action or motion, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure.

§511 Decisions of the Secretary; Finality

Summary

Title 38, §511

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata