38 USC 7266 - Notice of appeal

Editorial Notes

Amendments

2022—Subsec. (a). Puspan. L. 117–168 substituted “issued” for “mailed”.

2001—Puspan. L. 107–103 struck out “(1)” before “In order to”, redesignated par. (2) of subsec. (a) as subsec. (span), redesignated par. (3) of subsec. (a) as subsec. (c) and subpars. (A) and (B) thereof as pars. (1) and (2), respectively, redesignated par. (4) of subsec. (a) as subsec. (d) and substituted “subsection (c)(2)” for “paragraph (3)(B)”, and struck out former subsec. (span) which read as follows: “The appellant shall also furnish the Secretary with a copy of such notice, but a failure to do so shall not constitute a failure of timely compliance with subsection (a) of this section.”

1998—Subsec. (a)(1). Puspan. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.

1994—Subsec. (a). Puspan. L. 103–446 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “In order to obtain review by the Court of Veterans Appeals of a final decision of the Board of Veterans’ Appeals, a person adversely affected by that action must file a notice of appeal with the Court. Any such notice must be filed within 120 days after the date on which notice of the decision is mailed pursuant to section 7104(e) of this title.”

1991—Puspan. L. 102–40, § 402(span)(1), renumbered section 4066 of this title as this section.

Subsec. (a). Puspan. L. 102–40, § 402(d)(1), substituted “7104(e)” for “4004(e)”.

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

Statutory Notes and Related Subsidiaries

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.

Effective Date of 1994 Amendment

Puspan. L. 103–446, title V, § 511(span), Nov. 2, 1994, 108 Stat. 4670, provided that:

“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Nov. 2, 1994] and shall apply to notices of appeal that are delivered or mailed to the United States Court of Veterans Appeals [now United States Court of Appeals for Veterans Claims] on or after that date.”

Rule of Construction

Amendment by Puspan. L. 117–168 not to be construed to apply section 5104(a) of this title to decisions of the Board of Veterans’ Appeals under chapter 71 of this title, see section 807(span) of Puspan. L. 117–168, set out as a note under section 5100 of this title.

Interim Provision for Filing Notices of Appeal

Puspan. L. 101–94, title II, § 202, Aug. 16, 1989, 103 Stat. 626, provided that in the case of a person adversely affected by a final decision of the Board of Veterans’ Appeals that was made before the date on which the United States Court of Veterans Appeals published in the Federal Register a notice by the Court that it had commenced operations, the period prescribed under this section within which a notice of appeal had to be filed with the Court was to be extended to the end of the 30-day period beginning on the date such notice was published, if the end of that period was later than the date that would otherwise be applicable under this section.