CHAPTER 72 —UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
SUBCHAPTER I—ORGANIZATION AND JURISDICTION
SUBCHAPTER II—PROCEDURE
SUBCHAPTER III—MISCELLANEOUS PROVISIONS
SUBCHAPTER IV—DECISIONS AND REVIEW
SUBCHAPTER V—RETIREMENT AND SURVIVORS ANNUITIES
Editorial Notes
Amendments
2013—
2008—
2001—
1999—
1998—
1991—
1989—
SUBCHAPTER I—ORGANIZATION AND JURISDICTION
§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
Editorial Notes
Amendments
1998—
1991—
Statutory Notes and Related Subsidiaries
Change of Name
Effective Date of 2001 Amendment; Construction
"(c)
"(d)
"(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
Effective Date of 1998 Amendment
Effective Date
"(a)
"(b)
"(c)
"(d)
"(e)
Chapter Applicable to Claims Alleging Previous Determination the Product of Clear and Unmistakable Error
Chapter Applicable to Cases Filed On or After November 18, 1988
§7252. Jurisdiction; finality of decisions
(a) The Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review decisions of the Board of Veterans' Appeals. The Secretary may not seek review of any such decision. The Court shall have power to affirm, modify, or reverse a decision of the Board or to remand the matter, as appropriate.
(b) Review in the Court shall be on the record of proceedings before the Secretary and the Board. The extent of the review shall be limited to the scope provided in
(c) Decisions by the Court are subject to review as provided in
(Added
Editorial Notes
Amendments
1998—Subsec. (a).
1991—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§7253. Composition
(a)
(b)
(c)
(d)
(A) have served for one or more years as judges of the Court;
(B) have at least 3 years remaining in term of office; and
(C) have not previously served as chief judge.
(2)(A) In any case in which there is no judge of the Court in regular active service who meets the requirements under paragraph (1), the judge of the Court in regular active service who is senior in commission and meets subparagraph (A) or (B) and subparagraph (C) of paragraph (1) shall act as the chief judge.
(B) In any case under subparagraph (A) of this paragraph in which there is no judge of the Court in regular active service who meets subparagraph (A) or (B) and subparagraph (C) of paragraph (1), the judge of the Court in regular active service who is senior in commission and meets subparagraph (C) shall act as the chief judge.
(3) Except as provided in paragraph (4), a judge of the Court shall serve as the chief judge under paragraph (1) for a term of five years or until the judge becomes age 70, whichever occurs first. If no other judge is eligible under paragraph (1) to serve as chief judge upon the expiration of that term, that judge shall continue to serve as chief judge until another judge becomes eligible under that paragraph to serve as chief judge.
(4)(A) The term of a chief judge shall be terminated before the end of the term prescribed by paragraph (3) if—
(i) the chief judge leaves regular active service as a judge of the Court; or
(ii) the chief judge notifies the other judges of the Court in writing that such judge desires to be relieved of the duties of chief judge.
(B) The effective date of a termination of the term under subparagraph (A) shall be the date on which the chief judge leaves regular active service or the date of the notification under subparagraph (A)(ii), as the case may be.
(5) If a chief judge is temporarily unable to perform the duties of chief judge, those duties shall be performed by the judge of the Court in active service who is present, able and qualified to act, and is next in precedence.
(6) Judges who have the same seniority in commission shall be eligible for service as chief judge in accordance with their relative precedence.
(e)
(f)
(2) Before a judge may be removed from office under this subsection, the judge shall be provided with a full specification of the reasons for the removal and an opportunity to be heard.
(g)
(2) The provisions of
(3)(A) In conducting hearings pursuant to paragraph (1), the Court may exercise the authority provided under
(B) The Court shall have the power provided under
(h)
(2)(A) Of the two additional judges authorized by this subsection—
(i) only one may be appointed pursuant to a nomination made in 2002; and
(ii) only one may be appointed pursuant to a nomination made in 2003.
(B) If a judge is not appointed under this subsection pursuant to a nomination made in 2002, a judge may be appointed under this subsection pursuant to a nomination made in 2004. If a judge is not appointed under this subsection pursuant to a nomination made in 2003, a judge may be appointed under this subsection pursuant to a nomination made in 2004. In either case, such an appointment may be made only pursuant to a nomination made before October 1, 2004.
(3) The term of office and the eligibility for retirement of a judge appointed under this subsection, other than a judge described in paragraph (4), are governed by the provisions of section 1012 of the Court of Appeals for Veterans Claims Amendments of 1999 (title X of
(4) A judge of the Court as of December 27, 2001, who was appointed to the Court before January 1, 1991, may accept appointment as a judge of the Court under this subsection notwithstanding that the term of office of the judge on the Court has not yet expired under this section. The term of office of an incumbent judge who receives an appointment as described in the preceding sentence shall be 15 years, which includes any period remaining in the unexpired term of the judge. Any service following an appointment under this subsection shall be treated as though served as part of the original term of office of that judge on the Court.
(5) Notwithstanding paragraph (1), an appointment may not be made to the Court if the appointment would result in there being more than seven judges on the Court who were appointed after January 1, 1997. For the purposes of this paragraph, a judge serving in recall status under
(i)
(2) Effective as of January 1, 2026, an appointment may not be made to the Court if the appointment would result in there being more judges of the Court than the authorized number of judges of the Court specified in subsection (a).
(Added
Editorial Notes
Amendments
2020—Subsec. (i)(2).
2016—Subsec. (d)(1)(B), (C).
Subsec. (d)(2).
Subsec. (i)(2).
2013—Subsec. (f)(1).
2008—Subsec. (i).
2006—Subsec. (d)(5).
2004—Subsec. (d)(1).
Subsec. (d)(4)(A).
Subsec. (h)(4).
2002—Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(3)(B).
2001—Subsecs. (b), (c), (f), (g).
Subsec. (h).
1999—Subsec. (a).
Subsec. (d).
Subsec. (e).
"(e)(1) The chief judge of the Court shall receive a salary at the same rate as is received by judges of the United States Courts of Appeals.
"(2) Each judge of the Court, other than the chief judge, shall receive a salary at the same rate as is received by judges of the United States district courts."
1998—Subsec. (a).
Subsec. (c).
1992—Subsec. (g).
1991—
Subsec. (g).
1989—Subsec. (f)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Effective Date of 2013 Amendment
Amendment by
Effective Date of 1999 Amendment
"(a)
"(b)
Effective Date of 1998 Amendment
Amendment by section 512(a)(1) of
Initial Appointment of Judges to Court of Veterans Appeals
Section 302 of
§7254. Organization
(a) The Court of Appeals for Veterans Claims shall have a seal which shall be judicially noticed.
(b) The Court may hear cases by judges sitting alone or in panels, as determined pursuant to procedures established by the Court. Any such panel shall have not less than three judges. The Court shall establish procedures for the assignment of the judges of the Court to such panels and for the designation of the chief of each such panel.
(c)(1) A majority of the judges of the Court shall constitute a quorum for the transaction of the business of the Court. A vacancy in the Court shall not impair the powers or affect the duties of the Court or of the remaining judges of the Court.
(2) A majority of the judges of a panel of the Court shall constitute a quorum for the transaction of the business of the panel. A vacancy in a panel of the Court shall not impair the powers or affect the duties of the panel or of the remaining judges of the panel.
(d)
(e) Judges of the Court shall have the authority to administer oaths.
(Added
Editorial Notes
Amendments
1999—Subsec. (d).
1998—Subsec. (a).
1991—
Subsecs. (d), (e).
1989—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
§7255. Offices, duty stations, and residences
(a)
(b)
(2) The place where a recall-eligible retired judge maintains the actual abode in which such judge customarily lives shall be considered the recall-eligible retired judge's official duty station.
(c)
(2) Paragraph (1) shall not apply to recall-eligible retired judges of the Court of Appeals for Veterans Claims.
(Added
Editorial Notes
Amendments
2013—
2004—
1998—
1991—
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Effective Date of 1998 Amendment
Amendment by
Facilities for Court of Appeals for Veterans Claims
"(a)
"(b)
"(c)
§7256. Times and places of sessions
The times and places of sessions of the Court of Appeals for Veterans Claims shall be prescribed by the chief judge.
(Added
Editorial Notes
Amendments
1998—
1991—
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§7257. Recall of retired judges
(a)(1) A retired judge of the Court may be recalled for further service on the Court in accordance with this section. To be eligible to be recalled for such service, a retired judge must at the time of the judge's retirement provide to the chief judge of the Court (or, in the case of the chief judge, to the clerk of the Court) notice in writing that the retired judge is available for further service on the Court in accordance with this section and is willing to be recalled under this section. Such a notice provided by a retired judge to whom
(2) For the purposes of this section—
(A) a retired judge is a judge of the Court of Appeals for Veterans Claims who retires from the Court under
(B) a recall-eligible retired judge is a retired judge who has provided a notice under paragraph (1).
(b)(1) The chief judge may recall for further service on the Court a recall-eligible retired judge in accordance with this section. Such a recall shall be made upon written certification by the chief judge that substantial service is expected to be performed by the retired judge for such period, not to exceed 90 days (or the equivalent), as determined by the chief judge to be necessary to meet the needs of the Court.
(2) A recall-eligible retired judge may not be recalled for more than 90 days (or the equivalent) during any calendar year without the judge's consent.
(3) If a recall-eligible retired judge is recalled by the chief judge in accordance with this section and (other than in the case of a judge who has previously during that calendar year served at least 90 days (or the equivalent) of recalled service on the court) declines (other than by reason of disability) to perform the service to which recalled, the chief judge shall remove that retired judge from the status of a recall-eligible judge. This paragraph shall not apply to a judge to whom
(4) A recall-eligible retired judge who becomes permanently disabled and as a result of that disability is unable to perform further service on the Court shall be removed from the status of a recall-eligible judge. Determination of such a disability shall be made pursuant to
(c) A retired judge who is recalled under this section may exercise all of the judicial powers and duties of the office of a judge in active service.
(d)(1) The pay of a recall-eligible retired judge to whom
(2) A judge who is recalled under this section who retired under
(e)(1) Except as provided in subsection (d), a judge who is recalled under this section who retired under
(2) Nothing in this section affects the right of a judge who retired under
(Added
Editorial Notes
Amendments
2008—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (d).
"(d)(1) The pay of a recall-eligible retired judge who retired under
"(2) A judge who is recalled under this section who retired under
SUBCHAPTER II—PROCEDURE
§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 adverse to the claimant 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 or reverse such finding if the finding is clearly erroneous.
(b) In making the determinations under subsection (a), the Court shall review the record of proceedings before the Secretary and the Board of Veterans' Appeals pursuant to
(1) take due account of the Secretary's application of
(2) 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
Editorial Notes
Amendments
2002—Subsec. (a)(4).
Subsec. (b).
1998—Subsec. (a).
1991—
Subsec. (a)(1) to (3).
Subsec. (a)(4).
Subsec. (c).
Subsec. (d).
1989—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
"(1) Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 6, 2002].
"(2) The amendments made by this section shall apply with respect to any case pending for decision before the United States Court of Appeals for Veterans Claims other than a case in which a decision has been entered before the date of the enactment of this Act."
Effective Date of 1998 Amendment
Amendment by
§7262. Fee for filing appeals
(a) The Court of Appeals for Veterans Claims may impose a fee of not more than $50 for the filing of any appeal with the Court. The Court shall establish procedures under which such a fee may be waived in the case of an appeal filed by or on behalf of a person who demonstrates that the requirement that such fee be paid will impose a hardship on that person. A decision as to such a waiver is final and may not be reviewed in any other court.
(b) The Court may from time to time adjust the maximum amount permitted for a fee imposed under subsection (a) of this section based upon inflation and similar fees charged by other courts established under Article I of the Constitution.
(Added
Editorial Notes
Amendments
1998—Subsec. (a).
1991—
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§7263. Representation of parties; fee agreements
(a) The Secretary shall be represented before the Court of Appeals for Veterans Claims by the General Counsel of the Department.
(b) Representation of appellants shall be in accordance with the rules of practice prescribed by the Court under
(c) A person who represents an appellant before the Court shall file a copy of any fee agreement between the appellant and that person with the Court at the time the appeal is filed. The Court, on its own motion or the motion of any party, may review such a fee agreement.
(d) In reviewing a fee agreement under subsection (c) of this section or under
(Added
Editorial Notes
Amendments
1998—Subsec. (a).
1991—
Subsec. (a).
Subsec. (b).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§7264. Rules of practice and procedure
(a) The proceedings of the Court of Appeals for Veterans Claims shall be conducted in accordance with such rules of practice and procedure as the Court prescribes.
(b) The mailing of a pleading, decision, order, notice, or process in respect of proceedings before the Court shall be held sufficient service of such pleading, decision, order, notice, or process if it is properly addressed to the address furnished by the appellant on the notice of appeal filed under
(c)
(Added
Editorial Notes
Amendments
1998—Subsec. (a).
1991—
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
Interim Rules of Court of Veterans Appeals
§7265. Contempt authority; assistance to the Court
(a) The Court shall have power to punish by fine or imprisonment such contempt of its authority as—
(1) misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;
(2) misbehavior of any of its officers in their official transactions; or
(3) disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
(b) The Court shall have such assistance in the carrying out of its lawful writ, process, order, rule, decree, or command as is available to a court of the United States. The United States marshal for a district in which the Court is sitting shall, if requested by the chief judge of the Court, attend any session of the Court in that district.
(Added
Editorial Notes
Amendments
1991—
§7266. Notice of appeal
(a) In order to obtain review by the Court of Appeals for Veterans Claims of a final decision of the Board of Veterans' Appeals, a person adversely affected by such decision shall file a notice of appeal with the Court within 120 days after the date on which notice of the decision is issued pursuant to
(b) An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court.
(c) A notice of appeal shall be deemed to be received by the Court as follows:
(1) On the date of receipt by the Court, if the notice is delivered.
(2) On the date of the United States Postal Service postmark stamped on the cover in which the notice is posted, if the notice is properly addressed to the Court and is mailed.
(d) For a notice of appeal mailed to the Court to be deemed to be received under subsection (c)(2) on a particular date, the United States Postal Service postmark on the cover in which the notice is posted must be legible. The Court shall determine the legibility of any such postmark and the Court's determination as to legibility shall be final and not subject to review by any other Court.
(Added
Editorial Notes
Amendments
2022—Subsec. (a).
2001—
1998—Subsec. (a)(1).
1994—Subsec. (a).
1991—
Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1994 Amendment
Rule of Construction
Amendment by
Interim Provision for Filing Notices of Appeal
§7267. Decisions
(a) A decision upon a proceeding before the Court of Appeals for Veterans Claims shall be made as quickly as practicable. In a case heard by a panel of the Court, the decision shall be made by a majority vote of the panel in accordance with the rules of the Court. The decision of the judge or panel hearing the case so made shall be the decision of the Court.
(b) A judge or panel shall make a determination upon any proceeding before the Court, and any motion in connection with such a proceeding, that is assigned to the judge or panel. The judge or panel shall make a report of any such determination which constitutes the judge or panel's final disposition of the proceeding.
(c) The Court shall designate in its decision in any case those specific records of the Government on which it relied (if any) in making its decision. The Secretary shall preserve records so designated for not less than the period of time designated by the Archivist of the United States.
(Added
Editorial Notes
Amendments
1998—Subsec. (a).
1991—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
"(1) In the case of a proceeding determined by a single judge of the Court, the decision of the judge shall become the decision of the Court unless before the end of the 30-day period beginning on the date of the decision by the judge the Court, upon the motion of either party or on its own initiative, directs that the decision be reviewed by a panel of the Court. In such a case, the decision of the judge initially deciding the case shall not be a part of the record.
"(2) In the case of a proceeding determined by a panel of the Court, the decision of the panel shall become the decision of the Court unless before the end of the 30-day period beginning on the date of the decision by the panel the Court, upon the motion of either party or on its own initiative, directs that the decision be reviewed by an expanded panel of the Court (or the Court en banc). In such a case, the decision of the panel initially deciding the case shall not be a part of the record."
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§7268. Availability of proceedings
(a) Except as provided in subsection (b) of this section, all decisions of the Court of Appeals for Veterans Claims and all briefs, motions, documents, and exhibits received by the Court (including a transcript of the stenographic report of the hearings) shall be public records open to the inspection of the public.
(b)(1) The Court may make any provision which is necessary to prevent the disclosure of confidential information, including a provision that any such document or information be placed under seal to be opened only as directed by the Court.
(2) After the decision of the Court in a proceeding becomes final, the Court may, upon motion of the appellant or the Secretary, permit the withdrawal by the party entitled thereto of originals of books, documents, and records, and of models, diagrams, and other exhibits, submitted to the Court or the Court may, on its own motion, make such other disposition thereof as it considers advisable.
(c)(1) The Court shall prescribe rules, in accordance with
(2) The rules prescribed under paragraph (1) shall be consistent to the extent practicable with rules addressing privacy and security issues throughout the Federal courts.
(3) The rules prescribed under paragraph (1) shall take into consideration best practices in Federal and State courts to protect private information or otherwise maintain necessary information security.
(Added
Editorial Notes
Amendments
2008—Subsec. (c).
1998—Subsec. (a).
1991—
Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§7269. Publication of decisions
(a) The Court of Appeals for Veterans Claims shall provide for the publication of decisions of the Court in such form and manner as may be best adapted for public information and use. The Court may make such exceptions, or may authorize the chief judge to make such exceptions, to the requirement for publication in the preceding sentence as may be appropriate.
(b) Such authorized publication shall be competent evidence of the decisions of the Court of Appeals for Veterans Claims therein contained in all courts of the United States and of the several States without any further proof or authentication thereof.
(c) Such publications shall be subject to sale in the same manner and upon the same terms as other public documents.
(Added
Editorial Notes
Amendments
1998—Subsecs. (a), (b).
1991—
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
SUBCHAPTER III—MISCELLANEOUS PROVISIONS
§7281. Employees
(a) The Court of Appeals for Veterans Claims may appoint a clerk without regard to the provisions of title 5 governing appointments in the competitive service. The clerk shall serve at the pleasure of the Court.
(b) The judges of the Court may appoint law clerks and secretaries, in such numbers as the Court may approve, without regard to the provisions of title 5 governing appointments in the competitive service. Any such law clerk or secretary shall serve at the pleasure of the appointing judge.
(c) The clerk, with the approval of the Court, may appoint necessary deputies and employees without regard to the provisions of title 5 governing appointments in the competitive service.
(d) The Court may fix and adjust the rates of basic pay for the clerk and other employees of the Court without regard to the provisions of
(e) In making appointments under subsections (a) through (c) of this section, preference shall be given, among equally qualified persons, to persons who are preference eligibles (as defined in
(f) The Court may procure the services of experts and consultants under
(g) The chief judge of the Court may exercise the authority of the Court under this section whenever there are not at least two other judges of the Court.
(h) The Court shall not be considered to be an agency within the meaning of
(i) The Court may accept and utilize voluntary services and uncompensated (gratuitous) services, including services as authorized by
(j) For purposes of
(k) Notwithstanding any other provision of law, the Court may pay on behalf of its judges, who are age 65 or older, any increase in the cost of Federal Employees' Group Life Insurance imposed after April 24, 1999, including any expenses generated by such payments, as authorized by the chief judge of the Court in a manner consistent with such payment authorized by the Judicial Conference of the United States pursuant to
(Added
Editorial Notes
References in Text
The provisions of title 5 governing appointment in the competitive service, referred to in subsecs. (a) to (c), are classified generally to
Amendments
2016—Subsecs. (j), (k).
1999—Subsec. (g).
1998—Subsec. (a).
1991—
Subsec. (i).
1989—
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1989 Amendment
Limitation on Conversion of Employees to Competitive Service
Appointment of Employees Eligible for Noncompetitive Conversion to Position in Competitive Service; Procurement of Experts and Consultants
§7282. Budget and expenditures
(a) The budget of the Court of Appeals for Veterans Claims as submitted by the Court for inclusion in the budget of the President for any fiscal year shall be included in that budget without review within the executive branch.
(b) The Court may make such expenditures (including expenditures for personal services and rent at the seat of Government and elsewhere, and for law books, books of reference, and periodicals) as may be necessary to execute efficiently the functions vested in the Court.
(c) All expenditures of the Court shall be allowed and paid upon presentation of itemized vouchers signed by the certifying officer designated by the chief judge. Except as provided in
(Added
Editorial Notes
Amendments
1998—Subsec. (a).
1991—
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§7283. Disposition of fees
Except for amounts received pursuant to
(Added
Editorial Notes
Amendments
1998—
1991—
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§7284. Fee for transcript of record
The Court of Appeals for Veterans Claims may fix a fee, not in excess of the fee authorized by law to be charged and collected therefor by the clerks of the district courts, for comparing, or for preparing and comparing, a transcript of the record of any proceeding before the Court, or for copying any record, entry, or other paper and the comparison and certification thereof.
(Added
Editorial Notes
Amendments
1998—
1991—
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§7285. Practice and registration fees
(a) The Court of Appeals for Veterans Claims may impose a reasonable periodic registration fee on persons admitted to practice before the Court. The frequency and amount of such fee shall be determined by the Court. The Court may also impose a reasonable registration fee on persons (other than judges of the Court) participating at judicial conferences convened pursuant to
(b) Amounts received by the Court under subsection (a) of this section shall be available to the Court for the following purposes:
(1) Conducting investigations and proceedings, including employing independent counsel, to pursue disciplinary matters.
(2) Defraying the expenses of—
(A) judicial conferences convened pursuant to
(B) other activities and programs of the Court that are intended to support and foster communication and relationships between the Court and persons practicing before the Court or the study, understanding, public commemoration, or improvement of veterans law or of the work of the Court.
(Added
Editorial Notes
Amendments
2008—Subsec. (a).
2001—
Subsec. (a).
Subsec. (b).
1998—Subsec. (a).
1991—
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§7286. Judicial Conference of the Court
The Chief Judge of the Court of Appeals for Veterans Claims may summon the judges of the Court to an annual judicial conference, at a time and place that the Chief Judge designates, for the purpose of considering the business of the Court and recommending means of improving the administration of justice within the Court's jurisdiction. The Court shall provide by its rules for representation and active participation at such conference by persons admitted to practice before the Court and by other persons active in the legal profession.
(Added
Editorial Notes
Amendments
1998—
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§7287. Administration
Notwithstanding any other provision of law, the Court of Appeals for Veterans Claims may exercise, for purposes of management, administration, and expenditure of funds of the Court, the authorities provided for such purposes by any provision of law (including any limitation with respect to such provision of law) applicable to a court of the United States (as that term is defined in
(Added
§7288. Annual report
(a)
(b)
(1) The number of appeals filed with the Court.
(2) The number of petitions filed with the Court.
(3) The number of applications filed with the Court under
(4) The total number of dispositions by each of the following:
(A) The Court as a whole.
(B) The Clerk of the Court.
(C) A single judge of the Court.
(D) A multi-judge panel of the Court.
(E) The full Court.
(5) The number of each type of disposition by the Court, including settlement, affirmation, remand, vacation, dismissal, reversal, grant, and denial.
(6) The median time from filing an appeal to disposition by each of the following:
(A) The Court as a whole.
(B) The Clerk of the Court.
(C) A single judge of the Court.
(D) Multiple judges of the Court (including a multi-judge panel of the Court or the full Court).
(7) The median time from filing a petition to disposition by the Court.
(8) The median time from filing an application under
(9) The median time from the completion of briefing requirements by the parties to disposition by the Court.
(10) The number of oral arguments before the Court.
(11) The number of cases appealed to the United States Court of Appeals for the Federal Circuit.
(12) The number and status of appeals and petitions pending with the Court and of applications described in paragraph (3) as of the end of such fiscal year.
(13) The number of cases pending with the Court more than 18 months as of the end of such fiscal year.
(14) A summary of any service performed for the Court by a recalled retired judge of the Court.
(15) An assessment of the workload of each judge of the Court, including consideration of the following:
(A) The time required of each judge for disposition of each type of case.
(B) The number of cases reviewed by the Court.
(C) The average workload of other Federal judges.
(c)
(1) the Committee on Veterans' Affairs of the Senate; and
(2) the Committee on Veterans' Affairs of the House of Representatives.
(Added
SUBCHAPTER IV—DECISIONS AND REVIEW
§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
(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
Editorial Notes
Amendments
1998—
Subsecs. (a) to (c).
1991—
Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
§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 a decision of the Court on a rule of law or of any statute or regulation (other than a refusal to review the schedule of ratings for disabilities adopted under
(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
(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
(Added
Editorial Notes
Amendments
2002—Subsec. (a).
1998—Subsecs. (a), (b), (d)(1), (e).
1991—
Subsec. (a).
Subsec. (b)(1).
Subsec. (c).
1989—Subsec. (d)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
"(1) filed with the United States Court of Appeals for the Federal Circuit on or after the date of the enactment of this Act [Dec. 6, 2002]; or
"(2) pending with the United States Court of Appeals for the Federal Circuit as of the date of the enactment of this Act in which a decision has not been rendered as of that date."
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1989 Amendment
Amendment by
SUBCHAPTER V—RETIREMENT AND SURVIVORS ANNUITIES
§7296. Retirement of judges
(a) For purposes of this section:
(1) The term "Court" means the United States Court of Appeals for Veterans Claims.
(2) The term "judge" means a judge of the Court.
(b)(1) A judge who meets the age and service requirements set forth in the following table may retire:
| The judge has attained age: | And the years of service as a judge are at least |
|---|---|
| 65 | 15 |
| 66 | 14 |
| 67 | 13 |
| 68 | 12 |
| 69 | 11 |
| 70 | 10 |
(2) A judge who is not reappointed following the expiration of the term for which appointed may retire upon the completion of that term if the judge has served as a judge of the Court for 15 years or more.
(3) A judge who becomes permanently disabled and as a result of that disability is unable to perform the duties of the office shall retire.
(c)(1)(A) A judge who is appointed on or after the date of the enactment of the Veterans' Benefits Improvement Act of 2008 and who retires under subsection (b) and elects under subsection (d) to receive retired pay under this subsection shall (except as provided in paragraph (2)) receive retired pay as follows:
(i) In the case of a judge who is a recall-eligible retired judge under
(ii) In the case of a judge other than a recall-eligible retired judge, the retired pay of the judge shall be the rate of pay applicable to that judge at the time of retirement.
(B) A judge who retired before the date of the enactment of the Veterans' Benefits Improvement Act of 2008 and elected under subsection (d) to receive retired pay under this subsection, or a judge who retires under subsection (b) and elects under subsection (d) to receive retired pay under this subsection, shall (except as provided in paragraph (2)) receive retired pay as follows:
(i) In the case of a judge who is a recall-eligible retired judge under
(ii) In the case of a judge who at the time of retirement did not provide notice under
(iii) In the case of a judge who was a recall-eligible retired judge under
(2) An individual who serves as a judge for less than 10 years and who retires under subsection (b)(3) of this section and elects under subsection (d) of this section to receive retired pay under this subsection shall receive retired pay at a rate equal to one-half of the rate of pay in effect at the time of retirement.
(3) Retired pay under this subsection shall begin to accrue on the day following the day on which the individual's salary as judge ceases to accrue and shall continue to accrue during the remainder of the individual's life. Retired pay under this subsection shall be paid in the same manner as the salary of a judge.
(d)(1) A judge may elect to receive retired pay under subsection (c) of this section. Such an election—
(A) may be made only while an individual is a judge (except that, in the case of an individual who fails to be reappointed as judge at the expiration of a term of office, the election may be made at any time before the date after the day on which the individual's successor takes office); and
(B) may not be revoked after the retired pay begins to accrue.
(2) In the case of a judge other than the chief judge, such an election shall be made by filing notice of the election in writing with the chief judge. In the case of the chief judge, such an election shall be made by filing notice of the election in writing with the Director of the Office of Personnel Management.
(3) The chief judge shall transmit to the Director of the Office of Personnel Management a copy of each notice filed with the chief judge under this subsection.
(e) If an individual for whom an election to receive retired pay under subsection (c) is in effect accepts compensation for employment with the United States, the individual shall, to the extent of the amount of that compensation, forfeit all rights to retired pay under subsection (c) of this section for the period for which the compensation is received.
(f)(1) Except as otherwise provided in this subsection, the provisions of the civil service retirement laws (including the provisions relating to the deduction and withholding of amounts from basic pay, salary, and compensation) shall apply with respect to service as a judge as if this section had not been enacted.
(2) In the case of any individual who has filed an election to receive retired pay under subsection (c) of this section—
(A) no annuity or other payment shall be payable to any person under the civil service retirement laws with respect to any service performed by such individual (whether performed before or after such election is filed and whether performed as judge or otherwise) except as authorized by
(B) no deduction for purposes of the Civil Service Retirement and Disability Fund shall be made from retired pay payable to that individual under subsection (c) of this section or from any other salary, pay, or compensation payable to that individual, for any period beginning after the day on which such election is filed; and
(C) such individual shall be paid the lump-sum credit computed under
(3)(A) A cost-of-living adjustment provided by law in annuities payable under civil service retirement laws shall apply to retired pay under this section only in the case of retired pay computed under paragraph (1)(A)(i) or (2) of subsection (c).
(B) If such a cost-of-living adjustment would (but for this subparagraph) result in the retired pay of a retired judge being in excess of the annual rate of pay in effect for judges of the Court as provided in
(g)(1) A judge who becomes permanently disabled and as a result of that disability is unable to perform the duties of the office shall certify to the President in writing that such permanent disability exists. If the chief judge retires for such a disability, the retirement of the chief judge shall not take effect until concurred in by the President. If any other judge retires for such a disability, the chief judge shall furnish to the President a certificate of disability signed by the chief judge.
(2) Whenever the President finds that a judge has become permanently disabled and as a result of that disability is unable to perform the duties of the office, the President shall declare that judge to be retired. Before a judge may be retired under this paragraph, the judge shall be provided with a full specification of the reasons for the retirement and an opportunity to be heard.
(h)(1) An individual who has filed an election to receive retired pay under subsection (c) of this section may revoke such election at any time before the first day on which retired pay would (but for such revocation) begin to accrue with respect to such individual.
(2) Any revocation under this subsection shall be made by filing a notice of the election in writing with the Director of the Office of Personnel Management. The Office of Personnel Management shall transmit to the chief judge a copy of each notice filed under this subsection.
(3) In the case of a revocation under this subsection—
(A) for purposes of this section, the individual shall be treated as not having filed an election to receive retired pay under subsection (c) of this section;
(B) for purposes of
(i) the individual shall be treated as not having filed an election under
(ii)
(C) no credit shall be allowed for any service as a judge of the Court unless with respect to such service either there has been deducted and withheld the amount required by the civil service retirement laws or there has been deposited in the Civil Service Retirement and Disability Fund an amount equal to the amount so required, with interest;
(D) the Court shall deposit in the Civil Service Retirement and Disability Fund an amount equal to the additional amount it would have contributed to such Fund but for the election under subsection (d); and
(E) if subparagraphs (C) and (D) of this paragraph are complied with, service on the Court shall be treated as service with respect to which deductions and contributions had been made during the period of service.
(i)(1) Beginning with the next pay period after the Director of the Office of Personnel Management receives a notice under subsection (d) of this section that a judge has elected to receive retired pay under this section, the Director shall deduct and withhold 1 percent of the salary of such judge. Amounts shall be so deducted and withheld in a manner determined by the Director. Amounts deducted and withheld under this subsection shall be deposited in the Treasury of the United States to the credit of the Court of Appeals for Veterans Claims Judges Retirement Fund. Deductions under this subsection from the salary of a judge shall terminate upon the retirement of the judge or upon the completion of 15 years of service for which either deductions under this subsection or a deposit under subsection (j) of this section has been made, whichever occurs first.
(2) Each judge who makes an election under subsection (d) of this section shall be considered to agree to the deductions from salary which are made under paragraph (1) of this subsection.
(j) A judge who makes an election under subsection (d) of this section shall deposit, for service on the Court performed before the election for which contributions may be made under this section, an amount equal to 1 percent of the salary received for the first years, not exceeding 15 years, of that service. Retired pay may not be allowed until a deposit required by this subsection has been made.
(k) The amounts deducted and withheld under subsection (i) of this section, and the amounts deposited under subsection (j) of this section, shall be deposited in the Court of Appeals for Veterans Claims Retirement Fund for credit to individual accounts in the name of each judge from whom such amounts are received.
(Added
Editorial Notes
References in Text
The date of the enactment of the Veterans' Benefits Improvement Act of 2008, referred to in subsec. (c)(1), is the date of enactment of
The Civil Service Retirement and Disability Fund, referred to in subsecs. (f)(2)(B) and (h)(3)(C), (D), is provided for in
Amendments
2008—Subsec. (c)(1).
Subsec. (f)(3)(A).
2001—Subsec. (b)(2).
1999—Subsec. (a)(2).
Subsec. (c)(1).
Subsec. (f)(3).
1998—Subsecs. (a)(1), (i)(1), (k).
1991—
Subsec. (f)(2)(A).
Subsec. (h)(3)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Amendment by section 1035(2) of
Effective Date of 1998 Amendment
Amendment by
Transitional Provisions To Stagger Terms of Judges
"SEC. 1011. EARLY RETIREMENT AUTHORITY FOR CURRENT JUDGES.
"(a)
"(b)
"(1) has at least 10 years of service creditable under
"(2) has made an election to receive retired pay under section 7296 of such title;
"(3) has at least 20 years of service described in section 7297(l) of such title; and
"(4) is at least 55 years of age.
"(c)
"(d)
"(e)
"(f)
"(g)
"(h)
"(1) the rate applicable to that judge under
"(2) the fraction (not in excess of 1) in which—
"(A) the numerator is the number of years of service of the judge as a judge of the Court creditable under section 7296 of such title; and
"(B) the denominator is 15.
"(i)
"(j)
"(k)
"(A) the date on which a person is appointed to the position on the Court vacated by the judge's retirement; and
"(B) the date on which the judge's original appointment to the court would have expired.
"(2) Subsections (f) and (g) of
"(3) Notwithstanding any other provision of law, a person whose service as a judge of the Court continues under this section shall be paid for the period of service under this subsection at the rate that is the difference between the current rate of pay for a judge of the Court and the rate of the judge's retired pay under subsection (g).
"(4) Amounts paid under paragraph (3)—
"(A) shall not be treated as—
"(i) compensation for employment with the United States for purposes of
"(ii) pay for purposes of deductions or contributions for or on behalf of the person to retired pay under subchapter V of
"(B) may, at the election of the person, be treated as pay for purposes of deductions or contributions for or on behalf of the person to a retirement or other annuity, or both, under subchapter V of
"(5) Amounts paid under paragraph (3) shall be derived from amounts available for payment of salaries and benefits of judges of the Court.
"(6) The service as a judge of the Court under this subsection of a person who makes an election provided for under paragraph (4)(B) shall constitute creditable service toward the judge's years of judicial service for purposes of
"(7) In the case of such a person who makes an election provided for under paragraph (4)(B), upon the termination of the service of that person as a judge of the Court under this subsection, the retired pay of that person under subsection (g) shall be recomputed to reflect the additional period of service served under this subsection.
"(l)
"SEC. 1012. MODIFIED TERMS FOR NEXT TWO JUDGES APPOINTED TO THE COURT.
"(a)
"(b)
"(A) the age and service requirements in the table in paragraph (2) shall apply to those judges rather than the otherwise applicable age and service requirements specified in the table in subsection (b)(1) of that section; and
"(B) the minimum years of service applicable to those judges for eligibility to retire under the first sentence of subsection (b)(2) of that section shall be 13 years instead of 15 years.
"(2) The age and service requirements in this paragraph are as follows:
| "The judge has attained age: | And the years of service as a judge are at least |
|---|---|
| 65 | 13 |
| 66 | 13 |
| 67 | 13 |
| 68 | 12 |
| 69 | 11 |
| 70 | 10." |
§7297. Survivor annuities
(a) For purposes of this section:
(1) The term "Court" means the United States Court of Appeals for Veterans Claims.
(2) The term "judge" means a judge of the Court who is in active service or who has retired under
(3) The term "pay" means salary received under
(4) The term "retirement fund" means the Court of Appeals for Veterans Claims Retirement Fund established under
(5) The term "surviving spouse" means a surviving spouse of an individual who (A) was married to such individual for at least one year immediately preceding the individual's death, or (B) is a parent of issue by the marriage.
(6) The term "dependent child" has the meaning given the term "child" in
(7) The term "Member of Congress" means a Representative, a Senator, a Delegate to Congress, or the Resident Commissioner of Puerto Rico.
(8) The term "assassination" as applied to a judge shall have the meaning provided that term in
(b) A judge may become a participant in the annuity program under this section by filing a written election under this subsection while in office or within six months after the date on which the judge marries if the judge has retired under
(c) There shall be deducted and withheld each pay period from the pay of a judge who has made an election under subsection (b) of this section a sum equal to that percentage of the judge's pay that is the same as provided for the deduction from the salary or retirement salary of a judge of the United States Court of Federal Claims for the purpose of a survivor annuity under
(d)(1) A judge who makes an election under subsection (b) of this section shall deposit, with interest at 3 percent per year compounded on December 31 of each year, to the credit of the retirement fund, an amount equal to 3.5 percent of the judge's pay and of the judge's basic salary, pay, or compensation for service as a Member of Congress, and for any other civilian service within the purview of
(2) The interest required under the first sentence of paragraph (1) shall not be required for any period—
(A) during which a judge was separated from any service described in
(B) during which the judge was not receiving retired pay based on service as a judge or receiving any retirement salary as described in
(e) If the service of a judge who makes an election under subsection (b) of this section terminates other than pursuant to the provisions of
(1) the judge is not reappointed following expiration of the term for which appointed; and
(2) at or before the time of the expiration of that term, the judge is eligible for and elects to receive retired pay under
(f)(1) If a judge who makes an election under subsection (b) of this section dies after having rendered at least 18 months of civilian service (computed as prescribed in subsection (l) of this section), for the last 18 months of which the salary deductions provided for by subsection (c) of this section or the deposits required by subsection (d) of this section have actually been made (and not withdrawn) or the salary deductions required by the civil service retirement laws have actually been made (and not withdrawn)—
(A) if the judge is survived by a surviving spouse but not by a dependent child, there shall be paid to the surviving spouse an annuity beginning with the day of the death of the judge, in an amount computed as provided in subsection (k) of this section; or
(B) if the judge is survived by a surviving spouse and a dependent child or children, there shall be paid to the surviving spouse an immediate annuity in an amount computed as provided in subsection (k) of this section and there shall also be paid to or on behalf of each such child an immediate annuity equal to the lesser of—
(i) 10 percent of the average annual pay of such judge (determined in accordance with subsection (k) of this section), or
(ii) 20 percent of such average annual pay, divided by the number of such children; or
(C) if the judge is not survived by a surviving spouse but is survived by a dependent child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to the lesser of—
(i) 20 percent of the average annual pay of such judge (determined in accordance with subsection (k) of this section), or
(ii) 40 percent of such average annual pay, divided by the number of such children.
(2) The annuity payable to a surviving spouse under this subsection shall be terminated—
(A) upon the surviving spouse's death; or
(B) upon the remarriage of the surviving spouse before age 55.
(3) The annuity payable to a child under this subsection shall be terminated upon the child's death.
(4) In case of the death of a surviving spouse of a judge leaving a dependent child or children of the judge surviving the spouse, the annuity of such child or children under paragraph (1)(B) of this subsection shall be recomputed and paid as provided in paragraph (1)(C) of this subsection. In any case in which the annuity of a dependent child is terminated, the annuities of any remaining dependent child or children, based upon the service of the same judge, shall be recomputed and paid as though the child whose annuity was so terminated had not survived the judge.
(5) If a judge dies as a result of an assassination and leaves a survivor or survivors who are otherwise entitled to receive annuity payments under this section, the 18-month requirement in the matter in paragraph (1) preceding subparagraph (A) shall not apply.
(g) Questions of family relationships, dependency, and disability arising under this section shall be determined in the same manner as such questions arising under
(h)(1) If—
(A) a judge making an election under subsection (b) of this section dies while in office (i) before having rendered 5 years of civilian service computed as prescribed in subsection (l) of this section, or (ii) after having rendered 5 years of such civilian service but without a survivor entitled to annuity benefits provided by subsection (f) of this section; or
(B) the right of all persons entitled to an annuity under subsection (f) of this section based on the service of such judge terminates before a claim for such benefits has been established,
the total amount credited to the individual account of such judge (with interest at 3 percent per year, compounded on December 31 of each year, to the date of the death of such judge) shall be paid in the manner specified in paragraph (2) of this subsection.
(2) An amount payable under paragraph (1) of this subsection shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date title to the payment arises, in the following order of precedence:
(A) To the beneficiary or beneficiaries whom the judge designated in writing filed before death with the chief judge (except that in the case of the chief judge such designation shall be filed before death as prescribed by the Court).
(B) To the surviving spouse of the judge.
(C) To the child or children of the judge (and the descendants of any deceased children by representation).
(D) To the parents of the judge or the survivor of them.
(E) To the executor or administrator of the estate of the judge.
(F) To such other next of kin of the judge as may be determined by the chief judge to be entitled under the laws of the domicile of the judge at the time of the judge's death.
(3) Determination as to the surviving spouse, child, or parent of a judge for the purposes of paragraph (2) of this subsection shall be made without regard to the definitions in subsection (a) of this section.
(4) Payment under this subsection in the manner provided in this subsection shall be a bar to recovery by any other person.
(5) In a case in which the annuities of all persons entitled to annuity based upon the service of a judge terminate before the aggregate amount of annuity paid equals the total amount credited to the individual account of such judge (with interest at 3 percent per year, compounded on December 31 of each year to the date of the death of the judge), the difference shall be paid, upon establishment of a valid claim therefor, in the order of precedence prescribed in paragraph (2) of this subsection.
(6) Any accrued annuity remaining unpaid upon the termination (other than by death) of the annuity of any individual based upon the service of a judge shall be paid to that individual. Any accrued annuity remaining unpaid upon the death of an individual receiving an annuity based upon the service of a judge shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence:
(A) To the executor or administrator of the estate of that person.
(B) After 30 days after the date of the death of such individual, to such individual or individuals as may appear in the judgment of the chief judge to be legally entitled thereto.
Such payment shall be a bar to recovery by any other individual.
(i) When a payment under this section is to be made to a minor, or to a person mentally incompetent or under other legal disability adjudged by a court of competent jurisdiction, the payment may be made to the person who is constituted guardian or other fiduciary by the law of the State of residence of such claimant or is otherwise legally vested with the care of the claimant or the claimant's estate. If no guardian or other fiduciary of the person under legal disability has been appointed under the laws of the State of residence of the claimant, the chief judge shall determine the person who is otherwise legally vested with the care of the claimant or the claimant's estate.
(j) Annuities under this section shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month or other period for which the annuity has accrued. An annuity under this section is not assignable, either in law or in equity, or subject to execution, levy, attachment, garnishment, or other legal process.
(k)(1) The annuity of the surviving spouse of a judge making an election under subsection (b) of this section shall be an amount equal to the sum of the following:
(A) The product of—
(i) 1.5 percent of the judge's average annual pay; and
(ii) the sum of the judge's years of judicial service, the judge's years of prior allowable service as a Member of Congress, the judge's years of prior allowable service performed as a member of the Armed Forces, and the judge's years, not exceeding 15, of prior allowable service performed as a congressional employee (as defined in
(B) Three-fourths of 1 percent of the judge's average annual pay multiplied by the judge's years of allowable service not counted under subparagraph (A) of this paragraph.
(2) An annuity computed under this subsection may not exceed 50 percent of the judge's average annual pay and may not be less than 25 percent of such average annual pay. Such annuity shall be further reduced in accordance with subsection (d) of this section (if applicable).
(3) For purposes of this subsection, the term "average annual pay", with respect to a judge, means the average annual pay received by the judge for judicial service (including periods in which the judge received retired pay under
(l) Subject to subsection (d) of this section, the years of service of a judge which are allowable as the basis for calculating the amount of the annuity of the judge's surviving spouse shall include the judge's years of service as a judge of the Court, the judge's years of service as a Member of Congress, the judge's years of active service as a member of the Armed Forces not exceeding 5 years in the aggregate and not including any such service for which credit is allowed for the purposes of retirement or retired pay under any other provision of law, and the judge's years of any other civilian service within the purview of
(m) Nothing contained in this section shall be construed to prevent a surviving spouse eligible therefor from simultaneously receiving an annuity under this section and any annuity to which such spouse would otherwise be entitled under any other law without regard to this section, but in computing such other annuity service used in the computation of such spouse's annuity under this section shall not be credited.
(n) A judge making an election under subsection (b) of this section shall, at the time of such election, waive all benefits under the civil service retirement laws except
(o) Each survivor annuity payable from the retirement fund shall be increased at the same time as, and by the same percentage by which, annuities payable from the Judicial Survivors' Annuities Fund are increased pursuant to
(p)(1) A covered judge who makes an election under subsection (b) may purchase, in 3-month increments, up to an additional year of service credit for each year of Federal judicial service completed, under the terms set forth in this section.
(2) In this subsection, the term "covered judge" means any of the following:
(A) A judge in regular active service.
(B) A retired judge who is a recall-eligible retired judge pursuant to subsection (a) of
(C) A retired judge who would be a recall-eligible retired judge pursuant to subsection (a) of section 7257 but for—
(i) meeting the aggregate recall service requirements under subsection (b)(3) of such section; or
(ii) being permanently disabled as described by subsection (b)(4) of such section.
(Added
Editorial Notes
Amendments
2016—Subsec. (p).
1999—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(5).
Subsec. (a)(8).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (f)(1).
Subsec. (f)(1)(A).
Subsec. (f)(5).
1998—Subsec. (a)(1), (4).
Subsec. (o).
1991—
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (e).
Subsec. (h)(1)(A)(i).
Subsec. (k)(3).
Subsec. (n).
Subsec. (o).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Amendment by section 1035(2) of
Effective Date of 1998 Amendment
Amendment by section 512(a)(1) of
§7298. Retirement Fund
(a) There is established in the Treasury a fund known as the Court of Appeals for Veterans Claims Retirement Fund.
(b) Amounts in the fund are available for the payment of judges' retired pay under
(c) Amounts deposited by, or deducted and withheld from the salary and retired pay of, a judge under
(d) The chief judge of the Court of Appeals for Veterans Claims shall submit to the President an annual estimate of the expenditures and appropriations necessary for the maintenance and operation of the fund, and such supplemental and deficiency estimates as may be required from time to time for the same purposes, according to law.
(e)(1) The chief judge may cause periodic examinations of the retirement fund to be made by an actuary, who may be an actuary employed by another department of the Government temporarily assigned for the purpose.
(2)(A) Subject to the availability of appropriations, there shall be deposited in the Treasury to the credit of the retirement fund, not later than the close of each fiscal year, such amounts as may be required to reduce to zero the unfunded liability (if any) of the fund. Such deposits shall be taken from sums available for that fiscal year for the payment of the expenses of the Court.
(B) For purposes of subparagraph (A) of this paragraph, the term "unfunded liability", with respect to any fiscal year, means the amount estimated by the chief judge to be equal to the excess (as of the close of that fiscal year) of—
(i) the present value of all benefits payable from the fund (determined on an annual basis in accordance with
(ii) the sum of—
(I) the present values of future deductions under
(II) the balance in the fund as of the close of the fiscal year.
(C) For purposes of subparagraph (B), the term "present value" includes a value determined by an actuary with respect to a payment that may be made under subsection (b) from the retirement fund within the contemplation of law.
(D) Amounts deposited in the retirement fund under this paragraph shall not be credited to the account of any individual.
(f) The Secretary of the Treasury shall invest from time to time, in interest-bearing securities of the United States, such portions of the retirement fund as in such Secretary's judgment may not be immediately required for payments from the fund. The income derived from such investments shall constitute a part of the fund.
(g) For purpose of section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (
(Added
Editorial Notes
Amendments
1999—Subsec. (e)(2)(C), (D).
1998—
Subsecs. (a), (d).
Subsec. (g).
1991—
Subsecs. (b), (c).
Subsec. (e)(2)(B)(ii)(I).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by section 512(a)(1), (2)(C) of
§7299. Limitation on activities of retired judges
(a) A retired judge of the Court who is recall-eligible under
(b) A recall-eligible judge shall be considered to be an officer or employee of the United States, but only during periods when the judge is serving in recall status. Any prohibition, limitation, or restriction that would otherwise apply to the activities of a recall-eligible judge shall apply only during periods when the judge is serving in recall status.
(Added