38 U.S.C. § 303
Secretary of Veterans Affairs
There is a Secretary of Veterans Affairs, who is the head of the Department and is appointed by the President, by and with the advice and consent of the Senate. The Secretary is responsible for the proper execution and administration of all laws administered by the Department and for the control, direction, and management of the Department.
Notes of Decisions
Cited in 17
cases (4 in the last 5 years), 1991–2025 · leading case: Stegall v. West, 11 Vet. App. 268 (Vet. App. 1998).
Stegall v. West, 11 Vet. App. 268 (Vet. App. 1998). “” 38 U.S.C. § 303 . It matters not that the agencies of original jurisdiction as well as those agencies of the VA responsible for evaluations, examinations, and medical opinions are not under the Board as part of a vertical chain of command which would subject them to the direct…”
William A. Forcier v. R. James Nicholson, 19 Vet. App. 414 (Vet. App. 2006). “” 38 U.S.C. § 303 . It matters not that the agencies of original jurisdiction as well as those agencies of the VA responsible for evaluations, examinations, and medical opinions are not under the Board as part of a vertical chain of command which would subject them to the direct…”
Nicholas Ribaudo v. R. James Nicholson, 20 Vet. App. 552 (Vet. App. 2007). “Although the Secretary is responsible for the "control, direction, and management" of the department, 38 U.S.C. § 303 , such management must be consistent with the law and interpretations of the law as issued by the judicial system, see 38 U.”
Muriel C. Dyment, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 287 F.3d 1377 (Fed. Cir. 2002). “Dyment contends that she is seeking a legal interpretation of the statute that defines the duties of the Secretary of Veterans Affairs, 38 U.S.C. § 303 , the essence of her argument is simply a disagreement with the Veterans Court over whether the specialist adequately complied…”
Dyment v. West, 13 Vet. App. 141 (Vet. App. 1999). “at 271 (quoting 38 U.S.C. § 303 ). Although Dr. Banner failed to presume the appellant’s exposure to asbestos, as the BVA remand requested, the examiner, after reviewing the patient’s medical history, radiographic findings, CT scan, and lung biopsy, nonetheless made the medical…”
Nicholas Ribaudo v. R. James Nicholson, 21 Vet. App. 137 (Vet. App. 2007). “See 38 U.S.C. § 303 (Secretary is responsible for the "control, direction, and management" of the department); cf.”
Bond v. Derwinski, 2 Vet. App. 376 (Vet. App. 1992). “The Secretary “is the head of the Department”, 38 U.S.C. § 303 , and is represented before this Court by the General Counsel of the Department.”
Raymond E. Douglas v. Eric K. Shinseki, 23 Vet. App. 19 (Vet. App. 2009). “See 38 U.S.C. § 303 ; see also Stegall v. West, 11 Vet.”
Brown v. Dep't of Vets. Affairs, 451 F. Supp. 2d 273 (D. Mass. 2006). “Congress has created a complex benefits system and deemed the Secretary the sole arbiter of benefits claims and the factual and legal issues that arise in connection with those claims.”
Baughman v. Derwinski, 1 Vet. App. 563 (Vet. App. 1991). “This statute provides the Secretary of Veterans Affairs, who is “responsible for the proper execution and administration of all laws administered by the Veterans’ Administration” ( 38 U.S.C. § 303 (1991) (formerly § 210(b)(1))), with the authority to pay compensation.”
Kingston v. West, 11 Vet. App. 272 (Vet. App. 1998). “268, 271 (1998) (quoting 38 U.S.C. § 303 ). On remand, the appellant is free to submit additional evidence and argument necessary to the resolution of this claim.”
Belton v. West, 13 Vet. App. 200 (Vet. App. 1999). “268, 271 (1998) (quoting 38 U.S.C. § 303 ). Additionally, this Court has cautioned that incarcerated veterans “are entitled to the same care and consideration given to their fellow veterans.”
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