38 U.S.C. § 7268

Availability of proceedings

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(a) Except as provided in subsection (b) of this section, all decisions of the Court of Appeals for Veterans Claims and all briefs, motions, documents, and exhibits received by the Court (including a transcript of the stenographic report of the hearings) shall be public records open to the inspection of the public.(b)(1) The Court may make any provision which is necessary to prevent the disclosure of confidential information, including a provision that any such document or information be placed under seal to be opened only as directed by the Court.(2) After the decision of the Court in a proceeding becomes final, the Court may, upon motion of the appellant or the Secretary, permit the withdrawal by the party entitled thereto of originals of books, documents, and records, and of models, diagrams, and other exhibits, submitted to the Court or the Court may, on its own motion, make such other disposition thereof as it considers advisable.(c)(1) The Court shall prescribe rules, in accordance with section 7264(a) of this title, to protect privacy and security concerns relating to all filing of documents and the public availability under this subsection of documents retained by the Court or filed electronically with the Court.(2) The rules prescribed under paragraph (1) shall be consistent to the extent practicable with rules addressing privacy and security issues throughout the Federal courts.(3) The rules prescribed under paragraph (1) shall take into consideration best practices in Federal and State courts to protect private information or otherwise maintain necessary information security.(Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4117, § 4068; renumbered § 7268, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–82, § 8(2), Aug. 6, 1991, 105 Stat. 377; Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 110–389, title VI, § 602, Oct. 10, 2008, 122 Stat. 4177.)Editorial NotesAmendments

2008—Subsec. (c). Pub. L. 110–389 added subsec. (c).

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 4068 of this title as this section.

Subsec. (b)(2). Pub. L. 102–82 substituted “may, upon motion of the appellant or the Secretary,” for “shall” and “or the Court” for “before the Court”.

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 5 cases, 1992–2010 · leading case: Pritchett v. Derwinski, 2 Vet. App. 116 (Vet. App. 1992).

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Pritchett v. Derwinski, 2 Vet. App. 116 (Vet. App. 1992). · cites it 8× “Appellant’s motion to seal in this case places the Court squarely in the middle of a dilemma. We are faced with two extreme points on a continuum of public access to documents.”

Charles L. Breedlove Brenda Breedlove v. Eric K. Shinseki, 24 Vet. App. 7 (Vet. App. 2010). · cites it 2× “§ 7266 (b) (describing how "[a]n appellant shall file a notice of appeal"); 38 U.S.C. § 7268 ("After the decision of the Court in a proceeding becomes final, the Court may, upon motion of the appellant or the Secretary, permit the withdrawal by the party entitled thereto of…”

Yi v. Principi, 15 Vet. App. 265 (Vet. App. 2001). “317, 319 (1991); see also 38 U.S.C. § 7268 (a) (“All decisions of the Court of Appeals for Veterans Claims and all briefs, motions, [and] documents .”

ZN v. Brown, 6 Vet. App. 183 (Vet. App. 1994). “11(c)(2), 48; 38 U.S.C. § 7268 (b)(1). The appellant, through counsel, filed his brief on *185 November 8, 1993; the Secretary filed his brief on December 3,1993; and the appellant filed a reply brief on December 10, 1993.”

Zo v. Brown, 4 Vet. App. 440 (Vet. App. 1993). “11(c)(2), 48; 38 U.S.C.A. § 7268 (b)(1) (West 1991). I.”

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