38 U.S.C. § 7254

Organization

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 38 CasesGoogle Scholar

(a) The Court of Appeals for Veterans Claims shall have a seal which shall be judicially noticed.(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.(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.(d)Precedence of Judges.—The chief judge of the Court shall have precedence and preside at any session that the chief judge attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.(e) Judges of the Court shall have the authority to administer oaths.(Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4114, § 4054; amended Pub. L. 101–94, title IV, § 402, Aug. 16, 1989, 103 Stat. 628; Pub. L. 101–237, title VI, § 602(b), Dec. 18, 1989, 103 Stat. 2095; renumbered § 7254, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, § 14(e)(4), June 13, 1991, 105 Stat. 287; Pub. L. 102–82, § 8(3), Aug. 6, 1991, 105 Stat. 377; Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 106–117, title X, § 1034, Nov. 30, 1999, 113 Stat. 1595.)Editorial NotesAmendments

1999—Subsec. (d). Pub. L. 106–117 inserted heading and amended text of subsec. (d) generally. Prior to amendment, text read as follows: “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.”

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

1991—Pub. L. 102–40 renumbered section 4054 of this title as this section.

Subsecs. (d), (e). Pub. L. 102–54 amended section as in effect immediately before the enactment of Pub. L. 102–40, and Pub. L. 102–82 amended section, identically, by redesignating the second subsec. (d), relating to authority to administer oaths as, (e).

1989—Subsec. (d). Pub. L. 101–237 added subsec. (d) relating to authority to administer oaths.

Pub. L. 101–94 added subsec. (d) relating to acting chief judge in event of vacancy.

Statutory Notes and Related SubsidiariesEffective Date of 1999 Amendment

Amendment by Pub. L. 106–117 effective Nov. 30, 1999, with savings provision for incumbent chief judge, see section 1036 of Pub. L. 106–117, set out as a note under section 7253 of this title.

Effective 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 13 cases (2 in the last 5 years), 1994–2025 · leading case: Dela Cruz v. Principi, 15 Vet. App. 143 (Vet. App. 2001).

Sort: Relevance Newest Treatment

Dela Cruz v. Principi, 15 Vet. App. 143 (Vet. App. 2001). “23, 25-26 (1990); 38 U.S.C. § 7254 (b). Initially, the Court recognizes an important point of clarification.”

Mary Vilfranc v. Robert A. McDonald, 28 Vet. App. 357 (Vet. App. 2017). · cites it 4× “" 38 U.S.C. § 7254 (b). The statutory command of Congress that a single Judge may issue a binding decision, pursuant to procedures established by the Court, is "unambiguous, unequivocal, and unlimited.”

Samuel A. Aronson, Claimant-Appellant v. Jesse Brown, Sec'y of Vets. Affairs, 14 F.3d 1578 (Fed. Cir. 1994). · cites it 2× “The ease was assigned to Judge Ivers, sitting alone pursuant to 38 U.S.C. § 7254 (b), which provides: § 7254(b) The Court [of Veterans Appeals] may hear cases by judges sitting alone or in panels, as determined pursuant to procedures established by the Court.”

In re Admission of Unger, 16 Vet. App. 205 (Vet. App. 2002). “” 38 U.S.C. § 7254 (b). Any and all actions and rulings by a panel of judges, or by a single judge, are on behalf of the Court as a whole.”

Winsett v. Shinseki, 527 F. App'x 965 (Fed. Cir. 2013). “2002); 38 U.S.C. § 7254 (b). Finally, Ms. Winsett seeks review of the CAVC’s sanctions order entered as a remedy for her abuse of process.”

Gene A. Mead v. David J. Shulkin (Vet. App. 2017). · cites it 3× “On February 3, 2017, I circulated to the other members of this Court an order granting equitable tolling, under my authority as a single judge under 38 U.S.C. § 7254 (b) (this Court "may hear cases by judges sitting alone or in panels, as determined pursuant to procedures…”

Turner v. Gober, 14 Vet. App. 224 (Vet. App. 2000). “23, 25-26 (1990) (listing criteria for single-judge disposition); 38 U.S.C. § 7254 (b). On April 19, 1994, the veteran died at Calvary Hospital in New York City.”

Sotero R. Lopez v. Peter O'Rourke (Vet. App. 2018). “38 U.S.C. § 7254 (b); see also U.S. VET. APP.”

Richard Chudy v. Peter O' Rourke (Vet. App. 2018). “" 38 U.S.C. § 7254 . Accordingly, the statutory command of Congress that a single judge may issue a binding decision, pursuant to procedures established by the Court, is "unambiguous, unequivocal, and unlimited.”

Victor B. Skaar v. Robert L. Wilkie (Vet. App. 2019). “See 38 U.S.C. §§ 7254 , 7267; see also Frankel v.”

George Roseberry v. Denis McDonough (Vet. App. 2023). “" 38 U.S.C. § 7254 . The statutory command that a single Judge may issue a binding decision is "unambiguous, unequivocal, and unlimited," see Conroy v.”

Douglas A. Constantine v. Douglas A. Collins (Vet. App. 2025). “See 38 U.S.C. § 7254 (c)(2); U.S. VET. APP. INT.”

Show all 13 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.