38 U.S.C. § 7292 : US Code - Section 7292: Review by United States Court of Appeals for the Federal Circuit

      (a) After a decision of the United States Court of Appeals for
    Veterans Claims is entered in a case, any party to the case may
    obtain a review of the decision with respect to the validity of a
    decision of the Court on a rule of law or of any statute or
    regulation (other than a refusal to review the schedule of ratings
    for disabilities adopted under section 1155 of this title) or any
    interpretation thereof (other than a determination as to a factual
    matter) that was relied on by the Court in making the decision.
    Such a review shall be obtained by filing a notice of appeal with
    the Court of Appeals for Veterans Claims within the time and in the
    manner prescribed for appeal to United States courts of appeals
    from United States district courts.
      (b)(1) When a judge or panel of the Court of Appeals for Veterans
    Claims, in making an order not otherwise appealable under this
    section, determines that a controlling question of law is involved
    with respect to which there is a substantial ground for difference
    of opinion and that there is in fact a disagreement between the
    appellant and the Secretary with respect to that question of law
    and that the ultimate termination of the case may be materially
    advanced by the immediate consideration of that question, the judge
    or panel shall notify the chief judge of that determination. Upon
    receiving such a notification, the chief judge shall certify that
    such a question is presented, and any party to the case may then
    petition the Court of Appeals for the Federal Circuit to decide the
    question. That court may permit an interlocutory appeal to be taken
    on that question if such a petition is filed with it within 10 days
    after the certification by the chief judge of the Court of Appeals
    for Veterans Claims. Neither the application for, nor the granting
    of, an appeal under this paragraph shall stay proceedings in the
    Court of Appeals for Veterans Claims, unless a stay is ordered by a
    judge of the Court of Appeals for Veterans Claims or by the Court
    of Appeals for the Federal Circuit.
      (2) For purposes of subsections (d) and (e) of this section, an
    order described in this paragraph shall be treated as a decision of
    the Court of Appeals for Veterans Claims.
      (c) The United States Court of Appeals for the Federal Circuit
    shall have exclusive jurisdiction to review and decide any
    challenge to the validity of any statute or regulation or any
    interpretation thereof brought under this section, and to interpret
    constitutional and statutory provisions, to the extent presented
    and necessary to a decision. The judgment of such court shall be
    final subject to review by the Supreme Court upon certiorari, in
    the manner provided in section 1254 of title 28.
      (d)(1) The Court of Appeals for the Federal Circuit shall decide
    all relevant questions of law, including interpreting
    constitutional and statutory provisions. The court shall hold
    unlawful and set aside any regulation or any interpretation thereof
    (other than a determination as to a factual matter) that was relied
    upon in the decision of the Court of Appeals for Veterans Claims
    that the Court of Appeals for the Federal Circuit finds to be - 
        (A) arbitrary, capricious, an abuse of discretion, or otherwise
      not in accordance with law;
        (B) contrary to constitutional right, power, privilege, or
      immunity;
        (C) in excess of statutory jurisdiction, authority, or
      limitations, or in violation of a statutory right; or
        (D) without observance of procedure required by law.

      (2) Except to the extent that an appeal under this chapter
    presents a constitutional issue, the Court of Appeals may not
    review (A) a challenge to a factual determination, or (B) a
    challenge to a law or regulation as applied to the facts of a
    particular case.
      (e)(1) Upon such review, the Court of Appeals for the Federal
    Circuit shall have power to affirm or, if the decision of the Court
    of Appeals for Veterans Claims is not in accordance with law, to
    modify or reverse the decision of the Court of Appeals for Veterans
    Claims or to remand the matter, as appropriate.
      (2) Rules for review of decisions of the Court of Appeals for
    Veterans Claims shall be those prescribed by the Supreme Court
    under section 2072 of title 28.