Notes on 38 U.S.C. § 7251 : US Code - Notes

Search Notes on 38 U.S.C. § 7251 : US Code - Notes

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,
1988, 102 Stat. 4113, Sec. 4051; renumbered Sec. 7251, Pub. L. 102-
40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended
Pub. L. 105-368, title V, Sec. 511(b), Nov. 11, 1998, 112 Stat.
3341.)
AMENDMENTS
1998 - Pub. L. 105-368 substituted "Court of Appeals for Veterans
Claims" for "Court of Veterans Appeals".
1991 - Pub. L. 102-40 renumbered section 4051 of this title as
this section.
CHANGE OF NAME
Pub. L. 105-368, title V, Sec. 511(a), Nov. 11, 1998, 112 Stat.
3341, provided that: "The United States Court of Veterans Appeals
is hereby renamed as, and shall hereafter be known and designated
as, the United States Court of Appeals for Veterans Claims."
Pub. L. 105-368, title V, Sec. 512(c), Nov. 11, 1998, 112 Stat.
3342, provided that: "Any reference in a law, regulation, document,
paper, or other record of the United States to the United States
Court of Veterans Appeals shall be deemed to be a reference to the
United States Court of Appeals for Veterans Claims."
EFFECTIVE DATE OF 2001 AMENDMENT; CONSTRUCTION
Pub. L. 107-103, title VI, Sec. 603(c), (d), Dec. 27, 2001, 115
Stat. 999, provided that:
"(c) Construction. - The repeal in subsection (a) [repealing
section 402 of Pub. L. 100-687, formerly set out as a note below]
may not be construed to confer upon the United States Court of
Appeals for Veterans Claims jurisdiction over any appeal or other
matter not within the jurisdiction of the Court as provided in
section 7266(a) of title 38, United States Code.
"(d) Applicability. - The repeals made by subsections (a) and (b)
[repealing section 402 of Pub. L. 100-687, formerly set out as a
note below, and section 403 of Pub. L. 100-687, formerly set out as
a note under section 5904 of this title] shall apply to any appeal
filed with the United States Court of Appeals for Veterans Claims -

"(1) on or after the date of the enactment of this Act [Dec.
27, 2001]; or
"(2) before the date of the enactment of this Act but in which
a final decision has not been made under section 7291 of title
38, United States Code, as of that date."
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-368, title V, Sec. 513, Nov. 11, 1998, 112 Stat.
3342, provided that: "This subtitle [subtitle B (Secs. 511-513) of
title V of Pub. L. 105-368, see Tables for classification], and the
amendments made by this subtitle, shall take effect on the first
day of the first month beginning more than 90 days after the date
of the enactment of this Act [Nov. 11, 1998]."
EFFECTIVE DATE
Section 401 of Pub. L. 100-687, as amended by Pub. L. 101-94,
title III, Sec. 301, Aug. 16, 1989, 103 Stat. 628, provided that:
"(a) General Effective Date. - Except as otherwise provided in
this section, this division (and the amendments made by this Act)
[div. A (Secs. 1-403) of Pub. L. 100-687, known as the 'Veterans'
Judicial Review Act', see Tables for classification] shall take
effect on September 1, 1989.
"(b) Effective Date for Certain Transition Provisions. - The
amendment made by section 201(a) [amending section 4001 [now 7101]
of this title] shall take effect on February 1, 1989.
"(c) Date of Enactment. - Sections 201 (other than subsection
(a)), 208, 209, 302, and 303, and the amendments made by those
sections [see Tables for classification], shall take effect on the
date of the enactment of this Act [Nov. 18, 1988].
"(d) Board of Veterans' Appeals. - Sections 202, 203, 205, 206,
and 207 [see Tables for classification] shall take effect as of
January 1, 1989. Section 204 [amending section 4004 [now 7104] of
this title] shall take effect on September 1, 1989.
"(e) Commencement of Operation of Court of Veterans Appeals. -
Notwithstanding subsection (a), the United States Court of Veterans
Appeals [now United States Court of Appeals for Veterans Claims]
established pursuant to chapter 72 of title 38, United States Code
(as added by section 301) shall not begin to operate until at least
three judges have been appointed to the court."
CHAPTER APPLICABLE TO CLAIMS ALLEGING PREVIOUS DETERMINATION THE
PRODUCT OF CLEAR AND UNMISTAKABLE ERROR
Pub. L. 105-111, Sec. 1(c)(2), Nov. 21, 1997, 111 Stat. 2272,
provided that: "Notwithstanding section 402 of the Veterans
Judicial Review Act (38 U.S.C. 7251 note), chapter 72 of title 38,
United States Code, shall apply with respect to any decision of the
Board of Veterans' Appeals on a claim alleging that a previous
determination of the Board was the product of clear and
unmistakable error if that claim is filed after, or was pending
before the Department of Veterans Affairs, the Court of Veterans
Appeals [now Court of Appeals for Veterans Claims], the Court of
Appeals for the Federal Circuit, or the Supreme Court on the date
of the enactment of this Act [Nov. 21, 1997]."
CHAPTER APPLICABLE TO CASES FILED ON OR AFTER NOVEMBER 18, 1988
Section 402 of Pub. L. 100-687, as amended by Pub. L. 102-40,
title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239, which
provided that this chapter applied to any case in which a notice of
disagreement was filed under section 7105 of this title on or after
Nov. 18, 1988, was repealed by Pub. L. 107-103, title VI, Sec.
603(a), Dec. 27, 2001, 115 Stat. 999.