
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: 38USC7292]

 
                      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. 7292. Review by United States Court of Appeals for the 
        Federal Circuit
        
    (a) After a decision of the United States Court of Appeals for 
Veterans Claims is entered in a case, any party to the case may obtain a 
review of the decision with respect to the validity of any statute or 
regulation (other than a refusal to review the schedule of ratings for 
disabilities adopted under section 1155 of this title) or any 
interpretation thereof (other than a determination as to a factual 
matter) that was relied on by the Court in making the decision. Such a 
review shall be obtained by filing a notice of appeal with the Court of 
Appeals for Veterans Claims within the time and in the manner prescribed 
for appeal to United States courts of appeals from United States 
district courts.
    (b)(1) When a judge or panel of the Court of Appeals for Veterans 
Claims, in making an order not otherwise appealable under this section, 
determines that a controlling question of law is involved with respect 
to which there is a substantial ground for difference of opinion and 
that there is in fact a disagreement between the appellant and the 
Secretary with respect to that question of law and that the ultimate 
termination of the case may be materially advanced by the immediate 
consideration of that question, the judge or panel shall notify the 
chief judge of that determination. Upon receiving such a notification, 
the chief judge shall certify that such a question is presented, and any 
party to the case may then petition the Court of Appeals for the Federal 
Circuit to decide the question. That court may permit an interlocutory 
appeal to be taken on that question if such a petition is filed with it 
within 10 days after the certification by the chief judge of the Court 
of Appeals for Veterans Claims. Neither the application for, nor the 
granting of, an appeal under this paragraph shall stay proceedings in 
the Court of Appeals for Veterans Claims, unless a stay is ordered by a 
judge of the Court of Appeals for Veterans Claims or by the Court of 
Appeals for the Federal Circuit.
    (2) For purposes of subsections (d) and (e) of this section, an 
order described in this paragraph shall be treated as a decision of the 
Court of Appeals for Veterans Claims.
    (c) The United States Court of Appeals for the Federal Circuit shall 
have exclusive jurisdiction to review and decide any challenge to the 
validity of any statute or regulation or any interpretation thereof 
brought under this section, and to interpret constitutional and 
statutory provisions, to the extent presented and necessary to a 
decision. The judgment of such court shall be final subject to review by 
the Supreme Court upon certiorari, in the manner provided in section 
1254 of title 28.
    (d)(1) The Court of Appeals for the Federal Circuit shall decide all 
relevant questions of law, including interpreting constitutional and 
statutory provisions. The court shall hold unlawful and set aside any 
regulation or any interpretation thereof (other than a determination as 
to a factual matter) that was relied upon in the decision of the Court 
of Appeals for Veterans Claims that the Court of Appeals for the Federal 
Circuit finds 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.

    (2) Except to the extent that an appeal under this chapter presents 
a constitutional issue, the Court of Appeals may not review (A) a 
challenge to a factual determination, or (B) a challenge to a law or 
regulation as applied to the facts of a particular case.
    (e)(1) Upon such review, the Court of Appeals for the Federal 
Circuit shall have power to affirm or, if the decision of the Court of 
Appeals for Veterans Claims is not in accordance with law, to modify or 
reverse the decision of the Court of Appeals for Veterans Claims or to 
remand the matter, as appropriate.
    (2) Rules for review of decisions of the Court of Appeals for 
Veterans Claims shall be those prescribed by the Supreme Court under 
section 2072 of title 28.

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18, 1988, 
102 Stat. 4120, Sec. 4092; amended Pub. L. 101-94, title III, 
Sec. 302(b), Aug. 16, 1989, 103 Stat. 628; renumbered Sec. 7292, Pub. L. 
102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
102-54, Sec. 14(e)(5), June 13, 1991, 105 Stat. 287; Pub. L. 102-83, 
Secs. 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 
105-368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 3341.)


                               Amendments

    1998--Subsecs. (a), (b), (d)(1), (e). Pub. L. 105-368 substituted 
``Court of Appeals for Veterans Claims'' for ``Court of Veterans 
Appeals'' wherever appearing.
    1991--Pub. L. 102-40 renumbered section 4092 of this title as this 
section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1155'' for 
``355''.
    Subsec. (b)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (c). Pub. L. 102-54 amended subsec. (c) as in effect 
immediately before the enactment of Pub. L. 102-40 by substituting 
``United States Court'' for ``United States Courts''.
    1989--Subsec. (d)(1). Pub. L. 101-94 struck out ``statute or'' 
before ``regulation''.


                    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.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-94 effective as if included in Pub. L. 100-
687, div. A, see section 302(c) of Pub. L. 101-94, set out as a note 
under section 5701 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7252, 7291 of this title.
