
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: 38USC7291]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
     CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
 
                   SUBCHAPTER IV--DECISIONS AND REVIEW
 
Sec. 7291. Date when Court decision becomes final

    (a) A decision of the United States Court of Appeals for Veterans 
Claims shall become final upon the expiration of the time allowed for 
filing, under section 7292 of this title, a notice of appeal from such 
decision, if no such notice is duly filed within such time. If such a 
notice is filed within such time, such a decision shall become final--
        (1) upon the expiration of the time allowed for filing a 
    petition for certiorari with the Supreme Court of the United States, 
    if the decision of the Court of Appeals for Veterans Claims is 
    affirmed or the appeal is dismissed by the United States Court of 
    Appeals for the Federal Circuit and no petition for certiorari is 
    duly filed;
        (2) upon the denial of a petition for certiorari, if the 
    decision of the Court of Appeals for Veterans Claims is affirmed or 
    the appeal is dismissed by the United States Court of Appeals for 
    the Federal Circuit; or
        (3) upon the expiration of 30 days from the date of issuance of 
    the mandate of the Supreme Court, if that Court directs that the 
    decision of the Court of Appeals for Veterans Claims be affirmed or 
    the appeal dismissed.

    (b)(1) If the Supreme Court directs that the decision of the Court 
of Appeals for Veterans Claims be modified or reversed, the decision of 
the Court of Appeals for Veterans Claims rendered in accordance with the 
mandate of the Supreme Court shall become final upon the expiration of 
30 days from the time it was rendered, unless within such 30 days either 
the Secretary or the petitioner has instituted proceedings to have such 
decision corrected to accord with the mandate, in which event the 
decision of the Court of Appeals for Veterans Claims shall become final 
when so corrected.
    (2) If the decision of the Court of Appeals for Veterans Claims is 
modified or reversed by the United States Court of Appeals for the 
Federal Circuit and if--
        (A) the time allowed for filing a petition for certiorari has 
    expired and no such petition has been duly filed, or
        (B) the petition for certiorari has been denied, or
        (C) the decision of the United States Court of Appeals for the 
    Federal Circuit has been affirmed by the Supreme Court,

then the decision of the Court of Appeals for Veterans Claims rendered 
in accordance with the mandate of the United States Court of Appeals for 
the Federal Circuit shall become final upon the expiration of 30 days 
from the time such decision of the Court of Appeals for Veterans Claims 
was rendered, unless within such 30 days either the Secretary or the 
petitioner has instituted proceedings to have such decision corrected so 
that it will accord with the mandate, in which event the decision of the 
Court of Appeals for Veterans Claims shall become final when so 
corrected.
    (c) If the Supreme Court orders a rehearing, or if the case is 
remanded by the United States Court of Appeals for the Federal Circuit 
to the Court of Appeals for Veterans Claims for a rehearing, and if--
        (1) the time allowed for filing a petition for certiorari has 
    expired and no such petition has been duly filed, or
        (2) the petition for certiorari has been denied, or
        (3) the decision of the United States Court of Appeals for the 
    Federal Circuit has been affirmed by the Supreme Court,

then the decision of the Court of Appeals for Veterans Claims rendered 
upon such rehearing shall become final in the same manner as though no 
prior decision of the Court of Appeals for Veterans Claims had been 
rendered.
    (d) As used in this section, the term ``mandate'', in case a mandate 
has been recalled before the expiration of 30 days from the date of 
issuance thereof, means the final mandate.

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18, 1988, 
102 Stat. 4119, Sec. 4091; renumbered Sec. 7291 and amended Pub. L. 102-
40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; 
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; 
Pub. L. 105-368, title V, Sec. 512(a)(1), (2)(B), Nov. 11, 1998, 112 
Stat. 3341.)


                               Amendments

    1998--Pub. L. 105-368, Sec. 512(a)(2)(B), substituted ``Court 
decision'' for ``United States Court of Veterans Appeals decision'' in 
section catchline.
    Subsecs. (a) to (c). Pub. L. 105-368, Sec. 512(a)(1), substituted 
``Court of Appeals for Veterans Claims'' for ``Court of Veterans 
Appeals'' wherever appearing.
    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 4091 of 
this title as this section.
    Subsec. (a). Pub. L. 102-40, Sec. 402(d)(1), substituted ``7292'' 
for ``4092'' in introductory provisions.
    Subsec. (b). Pub. L. 102-83 substituted ``Secretary'' for 
``Administrator'' in pars. (1) and (2).


                    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.
