ties and equipment, the opportunity of the appellant to a hearing as provided in such subsection (d) shall not be affected.

(f) Nothing in this section shall preclude the screening of cases for purposes of

(1) determining the adequacy of the record for decisional purposes; or

(2) the development, or attempted development, of a record found to be inadequate for decisional purposes.

(P.L. 85-857, Sept. 2, 1958, 72 Stat. 1242, §4006; renumbere $4007, P.L. 87-666, §1, Sept. 19, 1962, 76 Stat. 553; renumbere 87107, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; PL 103-271, § 7(a)(1), July 1, 1994, 108 Stat. 742; P.L. 103–446, § 301 Nov. 2, 1994, 108 Stat. 4658.)

§ 7108. Rejection of applications

An application for review on appeal shall not be entertained u less it is in conformity with this chapter.

(P.L. 85–857, Sept. 2, 1958, 72 Stat. 1243, §4008; renumbers 87108, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238.)

§ 7109. Independent medical opinions

(a) When, in the judgment of the Board, expert medical opini in addition to that available within the Department, is warrante by the medical complexity or controversy involved in an appe case, the Board may secure an advisory medical opinion from or more independent medical experts who are not employees of thi Department.

(b) The Secretary shall make necessary arrangements with re nized medical schools, universities, or clinics to furnish such a sory medical opinions at the request of the Chairman of the Boar Any such arrangement shall provide that the actual selection of th expert or experts to give the advisory opinion in an individual ca shall be made by an appropriate official of such institution.

(c) The Board shall furnish a claimant with notice that an adv sory medical opinion has been requested under this section with spect to the claimant's case and shall furnish the claimant with copy of such opinion when it is received by the Board.

(Added P.L. 87-671, §1, Sept. 19, 1962, 76 Stat. 557, §400 amended P.L. 100-687, § 103(b), Nov. 18, 1988, 102 Stat. 4107;1 numbered § 7109, P.L. 102-40, §402(b)(1), May 7, 1991, 105 Sta 238; P.L. 102-83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 St 404, 405.)

[§ 7110. Repealed. P.L. 103–271, §7(b)(2), July 1, 1994, Stat. 743.]

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

51. Status

ere is hereby established, under Article I of the Constitution e United States, a court of record to be known as the United es Court of Veterans Appeals.

ed P.L. 100-687, §301(a), Nov. 18, 1988, 102 Stat. 4113, 1; renumbered §7251, P.L. 102-40, § 402(b)(1), May 7, 1991, Stat. 238.)

2. Jurisdiction; finality of decisions

The Court of Veterans Appeals shall have exclusive jurisdicto review decisions of the Board of Veterans' Appeals. The Sec

retary may not seek review of any such decision. The Court shall have power to affirm, modify, or reverse a decision of the Board o to remand the matter, as appropriate.

(b) Review in the Court shall be on the record of proceedings be fore 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 adopt ed under section 1155 of this title or any action of the Secretary in adopting or revising that schedule.

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

(Added P.L. 100-687, §301(a), Nov. 18, 1988, 102 Stat. 4113 § 4052; renumbered §7252 and amended P.L. 102-40, §402/b\!. (d)(1), May 7, 1991, 105 Stat. 238, 239; P.L. 102-54, § 14(e)(3), Ju 13, 1991, 105 Stat. 287; P.L. 102–83, §§ 4(b)(1), (2)(E), 5(c(1), Ang 6, 1991, 105 Stat. 404-406.)

§ 7253. Composition

(a) The Court of Veterans Appeals shall be composed of a chi judge and at least two and not more than six associate judges.

(b) The judges of the Court shall be appointed by the Preside 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 m not be appointed to the Court who is not a member in good stand ing 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 ma bers of the same political party.

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

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

(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 Appeals.

(2) Each judge of the Court, other than the chief judge, shall ceive a salary at the same rate as is received by judges of the Und ed States district courts.

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

(2) Before a judge may be removed from office under this sub section, the judge shall be provided with a full specification of reasons for the removal and an opportunity to be heard.

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

(2) The provisions of paragraphs (7) through (15) of section 3724 of title 28, regarding referral or certification to, and petition for view in, the Judicial Conference of the United States and act

ereon, shall apply to the exercise by the Court of the powers of judicial council under paragraph (1) of this subsection. The ounds for removal from office specified in subsection (f)(1) shall ovide a basis for a determination pursuant to paragraph (7) or of section 372(c) of title 28, and certification and transmittal by e Conference shall be made to the President for consideration der subsection (f).

3)(A) In conducting hearings pursuant to paragraph (1), the urt may exercise the authority provided under section 1821 of le 28 to pay the fees and allowances described in that section. B) The Court shall have the power provided under section 2(c)(16) of title 28 to award reimbursement for the reasonable exses described in that section. Reimbursements under this subragraph shall be made from funds appropriated to the Court. dded P.L. 100-687, §301(a), Nov. 18, 1988, 102 Stat. 4114, 053; amended P.L. 101-94, § 102(c), Aug. 16, 1989, 103 Stat. 626; numbered § 7253, P.L. 102-40, § 402(b)(1), May 7, 1991, 105 Stat. 8; P.L. 102–82, §3, Aug. 6, 1991, 105 Stat. 375; P.L. 102–585, 01, Nov. 4, 1992, 106 Stat. 4980.)

254. Organization

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

b) The Court may hear cases by judges sitting alone or in pan- as determined pursuant to procedures established by the urt. Any such panel shall have not less than three judges. The art shall establish procedures for the assignment of the judges the Court to such panels and for the designation of the chief of h such panel.

(1) A majority of the judges of the Court shall constitute a rum for the transaction of the business of the Court. A vacancy he Court shall not impair the powers or affect the duties of the irt or of the remaining judges of the Court.

2) A majority of the judges of a panel of the Court shall conute a quorum for the transaction of the business of the panel. acancy in a panel of the Court shall not impair the powers or ct the duties of the panel or of the remaining judges of the el.

1) In the event of a vacancy in the position of chief judge of the rt, the associate judge senior in service on the Court shall serve acting chief judge unless the President designates one of the er associate judges to serve as acting chief judge, in which case judge so designated shall serve as acting chief judge.

) Judges of the Court shall have the authority to administer

18.

ded P.L. 100-687, §301(a), Nov. 18, 1988, 102 Stat. 4114, 54; amended P.L. 101-94, § 402, Aug. 16, 1989, 103 Stat. 628; 101-237, § 602(b), Dec. 18, 1989, 103 Stat. 2095; renumbered 54, P.L. 102–40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. -54, § 14(e)(4), June 13, 1991, 105 Stat. 287; P.L. 102-82, § 8(3), . 6, 1991, 105 Stat. 377.)

§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), Nov. 18, 1988, 102 Stat. 414, § 4055; renumbered §7255, P.L. 102-40, § 402(b)(1), May 7, 1991 105 Stat. 238.)

§ 7256. Times and places of sessions

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

(Added P.L. 100-687, §301(a), Nov. 18, 1988, 102 Stat. 411 § 4056; renumbered § 7256, P.L. 102-40, § 402(b)(1), May 7, 1991, 105 Stat. 238.)

SUBCHAPTER II-PROCEDURE

§ 7261. Scope of review

(a) In any action brought under this chapter, the Court of Veter ans Appeals, to the extent necessary to its decision and when pre sented, shall

(1) decide all relevant questions of law, interpret const tional, statutory, and regulatory provisions, and determine the meaning or applicability of the terms of an action of the Se retary;

(2) compel action of the Secretary unlawfully withheld or reasonably delayed;

(3) hold unlawful and set aside decisions, findings (othe than those described in clause (4) of this subsection), conch sions, rules, and regulations issued or adopted by the Ses retary, the Board of Veterans' Appeals, or the Chairman of the Board found to be

(A) arbitrary, capricious, an abuse of discretion, or other wise not in accordance with law;

(B) contrary to constitutional right, power, privilege, a immunity;

(C) in excess of statutory jurisdiction, authority, or lim tations, or in violation of a statutory right; or

(D) without observance of procedure required by l and

(4) in the case of a finding of material fact made in reachin a decision in a case before the Department with respect to be efits under laws administered by the Secretary, hold unlaw and set aside such finding if the finding is clearly erroness (b) In making the determinations under subsection (a) of this s tion, the Court shall take due account of the rule of prejudica

error.

(c) In no event shall findings of fact made by the Secretary or 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 a verse to a party and the sole stated basis for such decision is the failure of the party to comply with any applicable regulation pr