U.S. Code » Title 38 » Part PART V— BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 72— UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS › Subchapter SUBCHAPTER IV— DECISIONS AND REVIEW

38 U.S.C. § 7291

Date when Court decision becomes final

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(a) A decision of the United States Court of Appeals for Veterans Claims shall become final upon the expiration of the time allowed for filing, under section 7292 of this title, a notice of appeal from such decision, if no such notice is duly filed within such time. If such a notice is filed within such time, such a decision shall become final—(1) upon the expiration of the time allowed for filing a petition for certiorari with the Supreme Court of the United States, if the decision of the Court of Appeals for Veterans Claims is affirmed or the appeal is dismissed by the United States Court of Appeals for the Federal Circuit and no petition for certiorari is duly filed;(2) upon the denial of a petition for certiorari, if the decision of the Court of Appeals for Veterans Claims is affirmed or the appeal is dismissed by the United States Court of Appeals for the Federal Circuit; or(3) upon the expiration of 30 days from the date of issuance of the mandate of the Supreme Court, if that Court directs that the decision of the Court of Appeals for Veterans Claims be affirmed or the appeal dismissed.(b)(1) If the Supreme Court directs that the decision of the Court of Appeals for Veterans Claims be modified or reversed, the decision of the Court of Appeals for Veterans Claims rendered in accordance with the mandate of the Supreme Court shall become final upon the expiration of 30 days from the time it was rendered, unless within such 30 days either the Secretary or the petitioner has instituted proceedings to have such decision corrected to accord with the mandate, in which event the decision of the Court of Appeals for Veterans Claims shall become final when so corrected.(2) If the decision of the Court of Appeals for Veterans Claims is modified or reversed by the United States Court of Appeals for the Federal Circuit and if—(A) the time allowed for filing a petition for certiorari has expired and no such petition has been duly filed, or(B) the petition for certiorari has been denied, or(C) the decision of the United States Court of Appeals for the Federal Circuit has been affirmed by the Supreme Court,then the decision of the Court of Appeals for Veterans Claims rendered in accordance with the mandate of the United States Court of Appeals for the Federal Circuit shall become final upon the expiration of 30 days from the time such decision of the Court of Appeals for Veterans Claims was rendered, unless within such 30 days either the Secretary or the petitioner has instituted proceedings to have such decision corrected so that it will accord with the mandate, in which event the decision of the Court of Appeals for Veterans Claims shall become final when so corrected.(c) If the Supreme Court orders a rehearing, or if the case is remanded by the United States Court of Appeals for the Federal Circuit to the Court of Appeals for Veterans Claims for a rehearing, and if—(1) the time allowed for filing a petition for certiorari has expired and no such petition has been duly filed, or(2) the petition for certiorari has been denied, or(3) the decision of the United States Court of Appeals for the Federal Circuit has been affirmed by the Supreme Court,then the decision of the Court of Appeals for Veterans Claims rendered upon such rehearing shall become final in the same manner as though no prior decision of the Court of Appeals for Veterans Claims had been rendered.(d) As used in this section, the term “mandate”, in case a mandate has been recalled before the expiration of 30 days from the date of issuance thereof, means the final mandate.(Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4119, § 4091; renumbered § 7291 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 105–368, title V, § 512(a)(1), (2)(B), Nov. 11, 1998, 112 Stat. 3341.)Editorial NotesAmendments

1998—Pub. L. 105–368, § 512(a)(2)(B), substituted “Court decision” for “United States Court of Veterans Appeals decision” in section catchline.

Subsecs. (a) to (c). Pub. L. 105–368, § 512(a)(1), substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals” wherever appearing.

1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4091 of this title as this section.

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

Subsec. (b). Pub. L. 102–83 substituted “Secretary” for “Administrator” in pars. (1) and (2).

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 46 cases (2 in the last 5 years), 1991–2023 · leading case: Stillwell v. Brown, 6 Vet. App. 291 (Vet. App. 1994).
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Stillwell v. Brown, 6 Vet. App. 291 (Vet. App. 1994). · cites it 3× “See 38 U.S.C. §§ 7291 , 7292. Section 7292(a) of 38 U.”
Tobler v. Derwinski, 2 Vet. App. 8 (Vet. App. 1991). · cites it 4× “The Secretary’s motion for reconsideration is premised upon the argument that this Court’s decision of October 28, 1991, “involved a significant error of law” because it failed to take into account 38 U.S.C. § 7291 (formerly § 4091), which is entitled “Date when United States…”
Darald G. Bly v. Robert A. McDonald, 28 Vet. App. 256 (Vet. App. 2016). · cites it 4× “36 Rule 41 states that "[m]andate is when the Court's judgment becomes final and is effective as a matter of law pursuant to 38 U.S.C. § 7291 ." U.S. VET. APP. R. 41(a).”
Holliday v. Principi, 14 Vet. App. 280 (Vet. App. 2001). · cites it 2× “See also 38 U.S.C. § 7291 (a) (date after which Court decision becomes final); Taylor v.”
Robert J. Kiddey v. Eric K. Shinseki, 22 Vet. App. 367 (Vet. App. 2009). · cites it 7× “§ 2412 (d)(1)(A); 38 U.S.C. § 7291 (a). The Court held that its judgment became final on March 5, 2007, when the U.”
William R. Young v. Eric K. Shinseki, 25 Vet. App. 201 (Vet. App. 2012). · cites it 2× “Having found jurisdiction over the underlying appeal, the Court has jurisdiction over the EAJA application, 38 U.S.C. § 7291 (a). It is the EAJA application that is the subject of the parties' motion to dismiss.”
Herlehy v. Principi, 15 Vet. App. 33 (Vet. App. 2001). · cites it 2× “Court of Appeals for the Federal Circuit the Court's March 1998 denial of the pre-July 1989 TDIU rating, that denial became final, see 38 U.S.C. § 7291 , and may not be reconsidered based on the same factual basis, see 38 U.”
Francis P. Serra v. R. James Nicholson, 19 Vet. App. 268 (Vet. App. 2005). · cites it 2× “Finally, the EAJA application itself is completely dependent upon the status of the underlying case, because it is to be filed “not later than 30 days after the Court’s judgment becomes final pursuant to 38 U.S.C. § 7291 (a) (which occurs 60 days after entry of judgment under…”
Mehrkens v. Blank, 556 F.3d 865 (8th Cir. 2009). “BVA decisions may be appealed to the Court of Appeals for Veterans Claims, to which Congress vested exclusive jurisdiction to review BVA decisions. 38 U.S.C. § 7252 (a). Claimants may appeal unsatisfactory decisions of the Court of Appeals for Veterans Claims to the Federal…”
Luyster v. Principi, 16 Vet. App. 96 (Vet. App. 2002). · cites it 6× “See 38 U.S.C. §§ 7291 (a), 7292(a). The 60th day after the entry of judgment was February 11, 2001.”
Robert J. May v. R. James Nicholson, 19 Vet. App. 310 (Vet. App. 2005). “See 38 U.S.C. § 7291 (a) (providing that decision of this Court “shall become final upon the expiration of the time allowed for filing .”
Bazalo v. Brown, 9 Vet. App. 304 (Vet. App. 1996). “§ 2412 (d)(2)(G) and 38 U.S.C. § 7291 (a). (b) Content. The application, in an original and three copies with, proof of service on the Secretary, must be captioned with the name and docket number of the proceeding in this Court for which an award is sought.”
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