38 U.S.C. § 502
Judicial review of rules and regulations
An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers is subject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Appeals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5.
Notes of Decisions
Cited in 146
cases (37 in the last 5 years), 1944–2026 · leading case: United States v. William Szabo, 760 F.3d 997 (9th Cir. 2014).
United States v. William Szabo, 760 F.3d 997 (9th Cir. 2014). “” The panel dismissed for lack of jurisdiction the defendant’s facial overbreadth challenge to the regulation because 38 U.S.C. § 502 states that facial challenges to the validity of VA regulations may be brought on in the Federal Circuit.”
Nova v. Sec'y of Vets. Affairs, 981 F.3d 1360 (Fed. Cir. 2020). “, (“NOVA”), Peter Cianchetta, Michael Regis, and Andrew Tangen petition this court under 38 U.S.C. § 502 to review two interpretive rules that are set out in two provisions of the Veterans Affairs (“VA”) Adjudication Procedures Man- ual M21-1 (the “Manual”) and a Federal…”
Vets. for Common Sense v. Shinseki, 678 F.3d 1013 (9th Cir. 2012). “It likewise found that ordering the VBA to remedy delays by implementing new procedures would "invariably implicate VA regulations," review of which may be conducted only by the Federal Circuit under 38 U.S.C. § 502 . Id. at 1084 . The district court, however, reached the merits…”
Ellis C. Smith v. R. James Nicholson, 19 Vet. App. 63 (Vet. App. 2005). “In my view, the majority's decision to remand the question of the appellant's entitlement to a compensable rating under the pre-1999 DC 6260 is outside this Court's jurisdiction pursuant to 38 U.S.C. §§ 502 and 7252(b) and contrary to the Federal Circuit's decisions in Wanner v.”
Nehmer v. United States Dep't of Vets. Affairs, 494 F.3d 846 (9th Cir. 2007). “In the same December 20, 2004 order, the district court rejected the VA’s contention that because 38 U.S.C. § 502 provides that the U.S. Court of Appeals for the Federal Circuit has exclusive jurisdiction to entertain direct challenges to VA regulations, it lacked subject matter…”
Gray v. Sec'y of Vets. Affairs, 875 F.3d 1102 (Fed. Cir. 2017). “SECRETARY OF VETERANS AFFAIRS, Respondent ______________________ 2016-1782 ______________________ Petition for review pursuant to 38 U.S.C. § 502 . --------------------------------------------------------------------------- BLUE WATER NAVY VIETNAM VETERANS ASSOCIATION,…”
Vets. for Common Sense v. Eric K. Shinseki, 644 F.3d 845 (9th Cir. 2011). “” Furthermore, it concluded that if it were to provide the injunctive relief that Veterans sought, including ordering the VBA to shorten its average wait times, “such an order would invariably implicate VA regulations,” which are subject to judicial review in the Federal Circuit…”
Preminger v. Sec'y of Vets. Affairs, 517 F.3d 1299 (Fed. Cir. 2008). “1 He does so pursuant to 38 U.S.C. § 502 , which gives this court authority to review rulemaking by the VA.”
Patrick J. Griffin, Iii, & Gregory S. Clemmer v. Sec'y of Vets. Affairs, 288 F.3d 1309 (Fed. Cir. 2002). “The district court noted that 38 U.S.C. § 502 vests the Court of Appeals for the Federal Circuit with exclusive jurisdiction to review any action of the Secretary for Veterans Affairs that is subject to the public notice or notice-and-comment requirements of the Administrative…”
Vets. Just. Grp., LLC v. Sec'y of Vets. Affairs, 818 F.3d 1336 (Fed. Cir. 2016). “4 Petitioners timely filed this appeal pursuant to 38 U.S.C. § 502 , which provides this court with jurisdiction to review the Final Rule.”
Preminger v. Sec'y of Vets. Affairs, 632 F.3d 1345 (Fed. Cir. 2011). “38 U.S.C. § 502 . Pursuant to the statute, Steven Preminger seeks review by the court of the Secretary's denial of his petition for rulemaking.”
Preminger v. Principi, 422 F.3d 815 (9th Cir. 2005). “We face just such a situation because Congress has designated a judicial review path for challenges to VA regulations under 38 U.S.C. § 502 . 3 Section 502 gives the Federal Circuit exclusive jurisdiction to review challenges to most actions by the Secretary of Veterans’ Affairs.”
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