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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-103 Section 603(c),]
[Document affected by Public Law 107-103 Section 603(a)]
[Document affected by Public Law 107-103 Section 604(c)(2)]
[Document affected by Public Law 107-103 Section 605(b)]
[CITE: 38USC7251]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
     CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
 
               SUBCHAPTER I--ORGANIZATION AND JURISDICTION
 
Sec. 7251. Status

    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, Sec. 301(a), Nov. 18, 1988, 
102 Stat. 4113, Sec. 4051; renumbered Sec. 7251, Pub. L. 102-40, title 
IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105-368, 
title V, Sec. 511(b), Nov. 11, 1998, 112 Stat. 3341.)


                               Amendments

    1998--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.

                         Change of Name

    Pub. L. 105-368, title V, Sec. 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, Sec. 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 1998 Amendment

    Pub. L. 105-368, title V, Sec. 513, Nov. 11, 1998, 112 Stat. 3342, 
provided that: ``This subtitle [subtitle B (Secs. 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 Date

    Section 401 of Pub. L. 100-687, as amended by Pub. L. 101-94, title 
III, Sec. 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 
(Secs. 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 Error

    Pub. L. 105-111, Sec. 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, 1988

    Section 402 of Pub. L. 100-687, as amended by Pub. L. 102-40, title 
IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239, provided that: ``Chapter 
72 of title 38, United States Code, as added by section 301, shall apply 
with respect to any case in which a notice of disagreement is filed 
under section 7105 [formerly 4005] of title 38, United States Code, on 
or after the date of the enactment of this Act [Nov. 18, 1988].''
