spect to the claimant's case and shall furnish the claimant with a copy of such opinion when it is received by the Board.

(Added P.L. 100-687, § 103(b); amended P.L. 102-40, § 402(b)(1).)

§7110. Traveling sections

A claimant may request a hearing before a traveling section of the Board. Any such hearing shall be scheduled for hearing before such a section within the area served by a regional office of the Department in the order in which the requests for hearing are received by the Department with respect to hearings in that area. (Added P.L. 100-687, § 207(a); amended P.L. 102-40, § 402(b)(1); P.L. 102-83, 84(a).)

7291.

7292.

7296. 7297.

7298.

Practice fee.

Judicial Conference of the Court of Veterans Appeals.

SUBCHAPTER IV-DECISIONS AND REVIEW

Date when United States Court of Veterans Appeals decision becomes final.

Review by United States Court of Appeals for the Federal Circuit.

SUBCHAPTER V-RETIREMENT AND SURVIVORS ANNUITIES

Retirement of judges.

Survivor annuities.

Court of Veterans Appeals Retirement Fund.

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 Veterans Appeals.

(Added P.L. 100–687, § 301(a); amended P.L. 102–40, § 402(b)(1).)

§ 7252. Jurisdiction; finality of decisions

(a) The Court of Veterans Appeals 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.

(Amended P.L. 102-40, §402(b)(1); P.L. 102–54, § 14(e)(3); P.L. 102-83, 84(b).)

(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 section 7261 of this title. The Court may not review the schedule of ratings for disabilities adopted under section 1155 of this title or any action of the Secretary in adopting or revising that schedule.

(Amended P.L. 102-40, §402(b)(1), (d)(1); P.L. 102-83, §§ 4(b), 5(c)(1).)

(c) Decisions by the Court are subject to review as provided in section 7292 of this title.

(Added P.L. 100-687, §301(a); amended P.L. 102-40, §402(b)(1), (d)(1).)

$7253. Composition

(a) The Court of Veterans Appeals shall be composed of a chief judge and at least two and not more than six associate judges. (Amended P.L. 102-40, § 402(b)(1).)

(b) The judges of the Court shall be appointed by the President, by and with the advice and consent of the Senate, solely on the grounds of fitness to perform the duties of the office. A person may not be appointed to the Court who is not a member in good standing of the bar of a Federal court or of the highest court of a State. Not more than the number equal to the next whole number greater than one-half of the number of judges of the Court may be members of the same political party.

(Amended P.L. 102–40, § 402(b)(1).)

(c) The term of office of the judges of the Court of Veterans Appeals shall be 15 years.

(Amended P.L. 102-40, § 402(b)(1).)

(d) The chief judge is the head of the Court.

(Amended P.L. 102-40, § 402(b)(1).)

(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.

(Amended P.L. 102-40, § 402(b)(1).)

(f)(1) A judge of the Court may be removed from office by the President on grounds of misconduct, neglect of duty, or engaging in the practice of law. A judge of the Court may not be removed from office by the President on any other ground.

(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.

(Added P.L. 100-687, § 301(a); amended P.L. 101-94, § 102(c); P.L. 102-40, 8402(b)(1).)

(g)(1) The Court shall prescribe rules, consistent with the provisions of section 372(c) of title 28, establishing procedures for the filing of complaints with respect to the conduct of any judge of the Court and for the investigation and resolution of such complaints. In investigating and taking action with respect to any such complaint, the Court shall have the powers granted to a judicial council under such section.

(2) The provisions of paragraphs (7) through (15) of section 372(c) of title 28, regarding referral or certification to, and petition for review in, the Judicial Conference of the United States and action thereon, shall apply to the exercise by the Court of the powers of a judicial council under paragraph (1) of this subsection. The grounds for removal from office specified in subsection (f)(1) shall provide a basis for a determination pursuant to paragraph (7) or (8) of section 372(c) of title 28, and certification and transmittal by the Conference shall be made to the President for consideration under subsection (f).

(3)(A) In conducting hearings pursuant to paragraph (1), the Court may exercise the authority provided under section 1821 of title 28 to pay the fees and allowances described in that section.

(B) The Court shall have the power provided under section 372(c)(16) of title 28 to award reimbursement for the reasonable expenses described in that section. Reimbursements under this subparagraph shall be made from funds appropriated to the Court. (Added P.L. 102–82, §3; amended P.L. 102-585, § 801.)

§ 7254. Organization

(a) The Court of Veterans Appeals shall have a seal which shall be judicially noticed.

(Amended P.L. 102-40, § 402(b)(1).)

(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.

(Amended P.L. 102-40, § 402(b)(1).)

(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.

(Added P.L. 100-687, § 301(a); amended P.L. 102-40, § 402(b)(1).)

(d) In the event of a vacancy in the position of chief judge of the Court, the associate judge senior in service on the Court shall serve

as acting chief judge unless the President designates one of the other associate judges to serve as acting chief judge, in which case the judge so designated shall serve as acting chief judge. (Added P.L. 101-94, § 402; amended P.L. 102–40, § 402(b)(1).)

(e) Judges of the Court shall have the authority to administer oaths.

(Added P.L. 101-237, § 602(b); amended P.L. 102-40, §402(b)(1); P.L. 102–54, § 14(e)(4); P.L. 102–82, § 8(3).)

$7255. Offices

The principal office of the Court of Veterans Appeals shall be in the District of Columbia, but the Court may sit at any place within the United States.

(Added P.L. 100-687, § 301(a); amended P.L. 102–40, § 402(b)(1).)

§ 7256. Times and places of sessions

The times and places of sessions of the Court of Veterans Appeals shall be prescribed by the chief judge.

(Added P.L. 100–687, § 301(a); amended P.L. 102–40, § 402(b)(1).)

SUBCHAPTER II-PROCEDURE

§ 7261. Scope of review

(a) In any action brought under this chapter, the Court of Veterans Appeals, 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. (Amended 101-237, § 602(c); P.L. 102-40, § 402(b)(1); P.L. 102-83, § 4(a), (b).)