VA Laws & Regulations: Disability Claim Rules: Page 16

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1. 38 USC § 5902
   Statute

   VA recognition of service-organization representatives

   This section allows VA to recognize representatives of approved organizations to prepare, present, and prosecute claims. A recognized representative may not charge the claimant for that service and must file the required power of attorney for each claim.

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2. 38 USC § 5903
   Statute

   One-claim recognition for an unpaid representative

   This section permits VA to recognize an individual for one particular claim when the person certifies that no fee or compensation will be charged and files the required power of attorney. The person remains subject to VA's suspension and exclusion standards.

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3. 38 USC § 5904
   Statute

   Accredited VA agents, attorneys, conduct, and fees

   This section governs VA recognition of agents and attorneys, qualification and conduct standards, discipline, when fees may be charged, review of fee agreements, and direct payment of qualifying fees from past-due benefits.

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4. 38 USC § 5905
   Statute

   Criminal penalty for wrongfully withholding VA benefits

   This section makes it a federal offense to wrongfully withhold any part of a benefit or allowed claim that is due to a claimant or beneficiary. The stated penalty is a title 18 fine, imprisonment for up to one year, or both.

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5. 38 USC § 7103
   Statute

   Board reconsideration and correction of obvious error

   A Board decision is final unless the Board Chairman orders reconsideration, either on the Chairman's initiative or on a claimant's motion. The Board may also correct an obvious error in the record on its own motion.

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6. 38 USC § 7112
   Statute

   Expedited treatment for remands and certain MST Board cases

   This section requires expeditious Board treatment of claims remanded by the Court of Appeals for Veterans Claims. It also requires the Board to promptly determine whether a hearing-request case involving a compensation claim based on military sexual trauma is a covered case.

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7. 38 USC § 7252
   Statute

   What the Veterans Court may review

   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.

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8. 38 USC § 7261
   Statute

   Standards the Veterans Court uses to review a Board decision

   This section defines the Veterans Court's scope of review. The Court decides legal questions, may compel unlawfully withheld or unreasonably delayed action, reviews legal and procedural error, and applies the clearly erroneous standard to adverse material fact findings.

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9. 38 USC § 7263
   Statute

   Representation and fee agreements at the Veterans Court

   This section governs representation before the Court of Appeals for Veterans Claims. The Secretary is represented by VA's General Counsel, while appellant representation follows the Court's rules, including standards for nonlawyer practice the Court permits.

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10. 38 USC § 7291
    Statute

    When a Veterans Court decision becomes final

    This section explains when a Court of Appeals for Veterans Claims decision becomes final, including when no Federal Circuit appeal is filed and after Federal Circuit or Supreme Court proceedings. It also addresses decisions entered after modification, reversal, remand, or rehearing.

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11. 38 USC § 7292
    Statute

    Federal Circuit review of Veterans Court decisions

    This section authorizes Federal Circuit review of Veterans Court decisions on legal validity and interpretation, including statutes, regulations, and constitutional questions. Except for constitutional issues, it generally excludes factual challenges and disputes about applying law to a particular case's facts.

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