1. U.S. Code
  2. title 38
  3. part V
  4. chapter 72
  5. subchapter II
  6. § 7261
  7. notes
Editorial Notes
Amendments

2002—Subsec. (a)(4). Puspan. L. 107–330, § 401(a), inserted “adverse to the claimant” after “material fact” and “or reverse” after “and set aside”.

Subsec. (span). Puspan. L. 107–330, § 401(span), amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “In making the determinations under subsection (a) of this section, the Court shall take due account of the rule of prejudicial error.”

1998—Subsec. (a). Puspan. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals” in introductory provisions.

1991—Puspan. L. 102–40 renumbered section 4061 of this title as this section.

Subsec. (a)(1) to (3). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (a)(4). Puspan. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Puspan. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

Subsec. (c). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

Puspan. L. 102–54 amended subsec. (c) as in effect immediately before the enactment of Puspan. L. 102–40 by substituting “Court” for “court”.

Subsec. (d). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

1989—Subsec. (a)(2). Puspan. L. 101–237 inserted “or unreasonably delayed” after “withheld”.

Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment

Puspan. L. 107–330, title IV, § 401(c), Dec. 6, 2002, 116 Stat. 2832, provided that:

“(1) Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 6, 2002].
“(2) The amendments made by this section shall apply with respect to any case pending for decision before the United States Court of Appeals for Veterans Claims other than a case in which a decision has been entered before the date of the enactment of this Act.”

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Puspan. L. 105–368, set out as a note under section 7251 of this title.

CITE AS: 38 USC 7261