38 U.S.C. § 7291 : US Code - Section 7291: Date when Court decision becomes final

Search 38 U.S.C. § 7291 : US Code - Section 7291: Date when Court decision becomes final

(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.