republic-os/legal/us/code/title-38/chapter-72/section-7251.md

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38 U.S.C. § 7251 - Status

Text

There is hereby established, under Article I of the Constitution of the United States, a court of record to be known as the United States Court of Appeals for Veterans Claims.

(Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4113, § 4051; renumbered § 7251, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105–368, title V, § 511(b), Nov. 11, 1998, 112 Stat. 3341.)

Notes

Editorial Notes

Amendments1998—Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”. 1991—Pub. L. 102–40 renumbered section 4051 of this title as this section.

Statutory Notes and Related Subsidiaries

Change of Name Pub. L. 105–368, title V, § 511(a), Nov. 11, 1998, 112 Stat. 3341, provided that: “The United States Court of Veterans Appeals is hereby renamed as, and shall hereafter be known and designated as, the United States Court of Appeals for Veterans Claims.” Pub. L. 105–368, title V, § 512(c), Nov. 11, 1998, 112 Stat. 3342, provided that: “Any reference in a law, regulation, document, paper, or other record of the United States to the United States Court of Veterans Appeals shall be deemed to be a reference to the United States Court of Appeals for Veterans Claims.”

Effective Date of 2001 Amendment; ConstructionPub. L. 107–103, title VI, § 603(c), (d), Dec. 27, 2001, 115 Stat. 999, provided that: “(c) Construction.—The repeal in subsection (a) [repealing section 402 of Pub. L. 100–687, formerly set out as a note below] may not be construed to confer upon the United States Court of Appeals for Veterans Claims jurisdiction over any appeal or other matter not within the jurisdiction of the Court as provided in section 7266(a) of title 38, United States Code. “(d) Applicability.—The repeals made by subsections (a) and (b) [repealing section 402 of Pub. L. 100–687, formerly set out as a note below, and section 403 of Pub. L. 100–687, formerly set out as a note under section 5904 of this title] shall apply to any appeal filed with the United States Court of Appeals for Veterans Claims—“(1) on or after the date of the enactment of this Act [Dec. 27, 2001]; or “(2) before the date of the enactment of this Act but in which a final decision has not been made under section 7291 of title 38, United States Code, as of that date.”

Effective Date of 1998 AmendmentPub. L. 105–368, title V, § 513, Nov. 11, 1998, 112 Stat. 3342, provided that: “This subtitle [subtitle B (§§ 511–513) of title V of Pub. L. 105–368, see Tables for classification], and the amendments made by this subtitle, shall take effect on the first day of the first month beginning more than 90 days after the date of the enactment of this Act [Nov. 11, 1998].”

Effective DatePub. L. 100–687, div. A, title IV, § 401, Nov. 18, 1988, 102 Stat. 4122, as amended by Pub. L. 101–94, title III, § 301, Aug. 16, 1989, 103 Stat. 628, provided that: “(a) General Effective Date.—Except as otherwise provided in this section, this division (and the amendments made by this Act) [div. A (§§ 1–403) of Pub. L. 100–687, known as the ‘Veterans’ Judicial Review Act’, see Tables for classification] shall take effect on September 1, 1989. “(b) Effective Date for Certain Transition Provisions.—The amendment made by section 201(a) [amending section 4001 [now 7101] of this title] shall take effect on February 1, 1989. “(c) Date of Enactment.—Sections 201 (other than subsection (a)), 208, 209, 302, and 303, and the amendments made by those sections [see Tables for classification], shall take effect on the date of the enactment of this Act [Nov. 18, 1988]. “(d) Board of Veterans’ Appeals.—Sections 202, 203, 205, 206, and 207 [see Tables for classification] shall take effect as of January 1, 1989. Section 204 [amending section 4004 [now 7104] of this title] shall take effect on September 1, 1989. “(e) Commencement of Operation of Court of Veterans Appeals.—Notwithstanding subsection (a), the United States Court of Veterans Appeals [now United States Court of Appeals for Veterans Claims] established pursuant to chapter 72 of title 38, United States Code (as added by section 301) shall not begin to operate until at least three judges have been appointed to the court.”

Chapter Applicable to Claims Alleging Previous Determination the Product of Clear and Unmistakable ErrorPub. L. 105–111, § 1(c)(2), Nov. 21, 1997, 111 Stat. 2272, provided that: “Notwithstanding section 402 of the Veterans Judicial Review Act (38 U.S.C. 7251 note), chapter 72 of title 38, United States Code, shall apply with respect to any decision of the Board of Veterans’ Appeals on a claim alleging that a previous determination of the Board was the product of clear and unmistakable error if that claim is filed after, or was pending before the Department of Veterans Affairs, the Court of Veterans Appeals [now Court of Appeals for Veterans Claims], the Court of Appeals for the Federal Circuit, or the Supreme Court on the date of the enactment of this Act [Nov. 21, 1997].”

Chapter Applicable to Cases Filed On or After November 18, 1988Pub. L. 100–687, div. A, title IV, § 402, Nov. 18, 1988, 102 Stat. 4122, as amended by Pub. L. 102–40, title IV, § 402(d)(2), May 7, 1991, 105 Stat. 239, which provided that this chapter applied to any case in which a notice of disagreement was filed under section 7105 of this title on or after Nov. 18, 1988, was repealed by Pub. L. 107–103, title VI, § 603(a), Dec. 27, 2001, 115 Stat. 999.