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Federal statute · 38 USC § 7252

38 USC 7252: What the Veterans Court may review

§ 7252. Jurisdiction; finality of decisions

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Claim Raven explanation

What this means

The Court of Appeals for Veterans Claims has exclusive jurisdiction to review Board of Veterans' Appeals decisions. It may affirm, modify, reverse, or remand a Board decision and generally reviews the record that was before VA and the Board.

The Secretary may not seek Court review of a Board decision. The Court's review is limited to the record of proceedings before the Secretary and Board and to section 7261's standards. The Court cannot review the rating schedule itself or the Secretary's action in adopting or revising it, though it reviews application of law in individual Board decisions within its jurisdiction.

How this helps your claim

This is a judicial-review statute. The Court reviews Board decisions within section 7261's scope; it does not conduct a new benefits claim or review VA's adoption or revision of the disability rating schedule.

What to check in your records

Confirm there is a reviewable Board decision and identify the legal or factual error raised from the existing record.

  • Keep the final Board decision and reliable proof of its date.
  • Preserve the record before the agency and disputed Board findings.
  • Track the Court notice of appeal and all docketed filings.

Start with the Board decision and record

Identify each Board finding being challenged and where the relevant evidence appears in the record. New evidence generally belongs in an appropriate VA review route rather than being treated as if the Court were deciding the claim from scratch.

Court filing deadlines and rules are separate from the merits. Check the current Court requirements immediately after a Board decision and preserve proof of filing. This page does not calculate a filing deadline for a particular case.

Can the Veterans Court review a regional-office decision directly?

Generally, the Court's jurisdiction under this section is to review Board decisions. A regional-office decision normally must proceed through the applicable VA and Board review process before Court review.

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Official statutory text

38 USC § 7252

OLRC release: pl-119-108. Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.

§ 7252. Jurisdiction; finality of decisions

(a) The Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review decisions of the Board of Veterans’ Appeals. The Secretary may not seek review of any such decision. The Court shall have power to affirm, modify, or reverse a decision of the Board or to remand the matter, as appropriate.

(b) Review in the Court shall be on the record of proceedings before the Secretary and the Board. The extent of the review shall be limited to the scope provided in section 7261 of this title. The Court may not review the schedule of ratings for disabilities adopted under section 1155 of this title or any action of the Secretary in adopting or revising that schedule.

(c) Decisions by the Court are subject to review as provided in section 7292 of this title.

Related references

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