
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7261]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
     CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
 
                        SUBCHAPTER II--PROCEDURE
 
Sec. 7261. Scope of review

    (a) In any action brought under this chapter, the Court of Appeals 
for Veterans Claims, to the extent necessary to its decision and when 
presented, shall--
        (1) decide all relevant questions of law, interpret 
    constitutional, statutory, and regulatory provisions, and determine 
    the meaning or applicability of the terms of an action of the 
    Secretary;
        (2) compel action of the Secretary unlawfully withheld or 
    unreasonably delayed;
        (3) hold unlawful and set aside decisions, findings (other than 
    those described in clause (4) of this subsection), conclusions, 
    rules, and regulations issued or adopted by the Secretary, the Board 
    of Veterans' Appeals, or the Chairman of the Board found to be--
            (A) arbitrary, capricious, an abuse of discretion, or 
        otherwise not in accordance with law;
            (B) contrary to constitutional right, power, privilege, or 
        immunity;
            (C) in excess of statutory jurisdiction, authority, or 
        limitations, or in violation of a statutory right; or
            (D) without observance of procedure required by law; and

        (4) in the case of a finding of material fact made in reaching a 
    decision in a case before the Department with respect to benefits 
    under laws administered by the Secretary, hold unlawful and set 
    aside such finding if the finding is clearly erroneous.

    (b) In making the determinations under subsection (a) of this 
section, the Court shall take due account of the rule of prejudicial 
error.
    (c) In no event shall findings of fact made by the Secretary or the 
Board of Veterans' Appeals be subject to trial de novo by the Court.
    (d) When a final decision of the Board of Veterans' Appeals is 
adverse to a party and the sole stated basis for such decision is the 
failure of the party to comply with any applicable regulation prescribed 
by the Secretary, the Court shall review only questions raised as to 
compliance with and the validity of the regulation.

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18, 1988, 
102 Stat. 4115, Sec. 4061; amended Pub. L. 101-237, title VI, 
Sec. 602(c), Dec. 18, 1989, 103 Stat. 2095; renumbered Sec. 7261, Pub. 
L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
102-54, Sec. 14(e)(3), June 13, 1991, 105 Stat. 287; Pub. L. 102-83, 
Sec. 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405; 
Pub. L. 105-368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 
3341.)


                               Amendments

    1998--Subsec. (a). Pub. L. 105-368 substituted ``Court of Appeals 
for Veterans Claims'' for ``Court of Veterans Appeals'' in introductory 
provisions.
    1991--Pub. L. 102-40 renumbered section 4061 of this title as this 
section.
    Subsec. (a)(1) to (3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), 
substituted ``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (a)(4). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted 
``Department'' for ``Veterans' Administration''.
    Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the 
Secretary'' for ``administered by the Veterans' Administration''.
    Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Pub. L. 102-54 amended subsec. (c) as in effect immediately before 
the enactment of Pub. L. 102-40 by substituting ``Court'' for ``court''.
    Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    1989--Subsec. (a)(2). Pub. L. 101-237 inserted ``or unreasonably 
delayed'' after ``withheld''.


                    Effective Date of 1998 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in section 7252 of this title.
