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

Summary

Allows a party to ask the U.S. Court of Appeals for the Federal Circuit to review legal questions after the Court of Appeals for Veterans Claims issues a decision. The review is only about rules of law, statutes, or how a law or regulation is interpreted. It does not cover factual findings or a refusal to review the disability ratings schedule under section 1155. To start the review, a party must file a notice of appeal with the Veterans court in the same time and way people appeal from district courts to appeals courts. If a judge or panel at the Veterans court finds a controlling legal question that people disagree about and that deciding it now would speed up the case, the judge must tell the chief judge, who can certify the question. Any party then has 10 days after that certification to ask the Federal Circuit for an early appeal. The Federal Circuit alone decides challenges to statutes or regulations and any needed constitutional or statutory interpretation, and its judgment is final unless the Supreme Court takes the case under section 1254 of title 28. The Federal Circuit can set aside a regulation or interpretation the Veterans court relied on if it finds it unlawful, unconstitutional, beyond legal authority, or made without required procedure. Except for constitutional issues, the Federal Circuit normally cannot reexamine factual findings or how the law applies to the facts. The court may affirm, change, reverse, or send the case back, and review follows the Supreme Court’s rules under section 2072 of title 28.