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

Summary

The Secretary must be represented before the Court by the Department’s General Counsel. People appealing must follow the Court’s practice rules under section 7264; the Court admits lawyers and may allow other qualified people. Representatives must file any fee agreement when the appeal is filed. The Court can review the agreement (see section 5904(c)(2)), confirm the Board’s action, or reduce an excessive fee. That order is final.

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