38 U.S.C. § 7252

Jurisdiction; finality of decisions

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(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 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.(c) Decisions by the Court are subject to review as provided in section 7292 of this title.(Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4113, § 4052; renumbered § 7252 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(e)(3), June 13, 1991, 105 Stat. 287; Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341.)Editorial NotesAmendments

1998—Subsec. (a). Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.

1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4052 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Pub. L. 102–54 amended subsec. (a) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “Court” for “court” in last sentence.

Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “1155” for “355”.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

Pub. L. 102–40, § 402(d)(1), substituted “7261” for “4061”.

Subsec. (c). Pub. L. 102–40, § 402(d)(1), substituted “7292” for “4092”.

Statutory Notes and Related SubsidiariesEffective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.

Notes of Decisions
Cited in 2,587 cases (184 in the last 5 years), 1991–2026 · leading case: Larry G. Tyrues v. Eric K. Shinseki, 23 Vet. App. 166 (Vet. App. 2009).
Larry G. Tyrues v. Eric K. Shinseki, 23 Vet. App. 166 (Vet. App. 2009). · cites it 13× “For the reasons set forth below, the Court holds that the Secretary permissibly processed and issued a final decision denying benefits based on direct service connection, and remanded for the consideration of benefits based upon presumptive service connection, in separate…”
Ellis C. Smith v. R. James Nicholson, 19 Vet. App. 63 (Vet. App. 2005). · cites it 16× “§ 1110 and that such an inquiry did not constitute a review of the rating schedule (which is prohibited by 38 U.S.C. § 7252 (b)). After reaching that conclusion, this Court had then invalidated the trauma requirement contained in pre-1999 DC 6260 because it was "in violation of…”
Randy L. Pederson v. Robert A. McDonald, 27 Vet. App. 276 (Vet. App. 2015). · cites it 10× “This appeal is timely, and the Court has jurisdiction to review the Board's decision pursuant to 38 U.S.C. § 7252 (a). On August 22, 2014, this case was submitted for en banc review, and the Court directed the parties to file supplemental memoranda of law.”
Vets. for Common Sense v. Shinseki, 678 F.3d 1013 (9th Cir. 2012). · cites it 8× “To that end, Congress conferred on the Veterans Court " exclusive jurisdiction" to review decisions of the Board of Veterans' *1022 Appeals, 38 U.S.C. § 7252 (a) (emphasis added), and its powers include the authority to decide any question of law relevant to benefits…”
Phillip Andre, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 301 F.3d 1354 (Fed. Cir. 2002). · cites it 7× “In a July 20, 2000 order, the Veterans Court held that it lacked jurisdiction under 38 U.S.C. § 7252 (a) to consider the newly-raised CUE claims.”
Carpenter v. Principi, 15 Vet. App. 64 (Vet. App. 2001). · cites it 14× “The Jurisdiction of the Court The jurisdiction of the Court of [Appeals for Veterans Claims] is specifically defined by statute at 38 U.S.C. § 7252 , in a provision entitled "Jurisdiction; finality of decisions.”
David J. Harms v. R. James Nicholson, 20 Vet. App. 238 (Vet. App. 2006). · cites it 20× “He contends that because that denial was a final decision of the Board, he is entitled to review by this Court pursuant to 38 U.S.C. §§ 7252 and 7266. Id. at 4-5 . The Secretary filed a reply in which he argues that a motion to vacate, like a motion for reconsideration, is a…”
Mark W. Breeden v. Anthony J. Principi, 17 Vet. App. 475 (Vet. App. 2004). · cites it 8× “" On January 17, 2002, the Secretary filed a motion to dismiss and to stay proceedings arguing that under 38 U.S.C. §§ 7252 (a) and 7266(a) this Court's jurisdiction is limited to review of final decisions of the Board and that Board remands in general, and this remand in…”
Arnold Kyhn v. Shinseki, 716 F.3d 572 (Fed. Cir. 2013). · cites it 9× “” 38 U.S.C. § 7252 (a), (b); see also Henderson v.”
Euzebio v. McDonough, 989 F.3d 1305 (Fed. Cir. 2021). · cites it 6× “; see 38 U.S.C. § 7252 (b) (“Review in the Court shall be on the record of proceedings before the Secretary and the Board.”
Holliday v. Principi, 14 Vet. App. 280 (Vet. App. 2001). · cites it 6× “This appeal is timely, and the Court has jurisdiction pursuant to 38 U.S.C. §§ 7252 (a) and 7266(a). For the reasons that follow, the Court will vacate the decision of the Board and remand the matter.”
Jacob Wanner & King L. Wright, Claimants-Appellees v. Anthony J. Principi, Sec'y of Vets. Affairs, 370 F.3d 1124 (Fed. Cir. 2004). · cites it 7× “The Secretary challenged Wanner’s statutory argument by asserting that the Veterans Court lacked jurisdiction over the argument under 38 U.S.C. § 7252 (b). Section 7252(b), which is the jurisdictional statute for the Veterans Court, explains: Review in the Court shall be on the…”
— 38 U.S.C. § 7252(a) — 7 cases
Mark W. Breeden v. Anthony J. Principi, 17 Vet. App. 475 (Vet. App. 2004). “" On January 17, 2002, the Secretary filed a motion to dismiss and to stay proceedings arguing that under 38 U.S.C. §§ 7252 (a) and 7266(a) this Court's jurisdiction is limited to review of final decisions of the Board and that Board remands in general, and this remand in…”
Stinson v. McDonough, 92 F.4th 1355 (Fed. Cir. 2024).
Van Allen v. United States, 66 Fed. Cl. 294 (Fed. Cl. 2005).
Disabled Am. Vets. v. Sec'y of Vets. Affairs, 327 F.3d 1339 (Fed. Cir. 2003).
Sanders v. Brown, 6 Vet. App. 17 (Vet. App. 1993).
— 38 U.S.C. § 7252(b) — 1 case
Hayes-Libby v. Collins (Fed. Cir. 2025).
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