38-U.S.C.-7266
§7266 – Notice of Appeal
Pathway
Title 38 > Part V > Chapter 72 > Subchapter II > Section 7266
Details
- Reference: Section 7266
- Legend: §7266 – Notice of Appeal
- USCode Year: 2013
Provision Content
(a) In order to obtain review by the Court of Appeals for Veterans Claims of a final decision of the Board of Veterans’ Appeals, a person adversely affected by such decision shall file a notice of appeal with the Court within 120 days after the date on which notice of the decision is mailed pursuant to section 7104(e) of this title.
(b) An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court.
(c) A notice of appeal shall be deemed to be received by the Court as follows:
(1) On the date of receipt by the Court, if the notice is delivered.
(2) On the date of the United States Postal Service postmark stamped on the cover in which the notice is posted, if the notice is properly addressed to the Court and is mailed.
(d) For a notice of appeal mailed to the Court to be deemed to be received under subsection (c)(2) on a particular date, the United States Postal Service postmark on the cover in which the notice is posted must be legible. The Court shall determine the legibility of any such postmark and the Courts determination as to legibility shall be final and not subject to review by any other Court.
(Added Pub. L. 100–687, div. A, title III, §301(a), Nov. 18, 1988, 102 Stat. 4116, §4066; renumbered §7266 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103–446, title V, §511(a), Nov. 2, 1994, 108 Stat. 4670; Pub. L. 105–368, title V, §512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 107–103, title V, §507, Dec. 27, 2001, 115 Stat. 997.)
Amendments
2001—Pub. L. 107–103 struck out (1) before In order to, redesignated par. (2) of subsec. (a) as subsec. (b), 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. (b) 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). Pub. L. 105–368 substituted Court of Appeals for Veterans Claims for Court of Veterans Appeals.
1994—Subsec. (a). Pub. 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—Pub. L. 102–40, §402(b)(1), renumbered section 4066 of this title as this section.
Subsec. (a). Pub. L. 102–40, §402(d)(1), substituted 7104(e) for 4004(e).
Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
Effective Date of 1994 Amendment
Pub. L. 103–446, title V, §511(b), 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.
Interim Provision for Filing Notices of Appeal
Pub. 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.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-7108 in the Legal Encyclopedia: Veterans
In this entry about 38-U.S.C.-7108, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.
38-U.S.C.-7261 in the Legal Encyclopedia: United States Court of Appeals for Veterans Claims
In this entry about 38-U.S.C.-7261, find legal reference material, bibliographies and premiere content related to united states court of appeals for veterans claims in the American Encyclopedia of Law, presenting a comprehensive view of the United States united states court of appeals for veterans claims-specific issues, written by authorities in the field.
38-U.S.C.-7109 in the Legal Encyclopedia: Services
In this entry about 38-U.S.C.-7109, find legal reference material, bibliographies and premiere content related to services in the American Encyclopedia of Law, presenting a comprehensive view of the United States services-specific issues, written by authorities in the field.
38-U.S.C.-7106 in the Legal Encyclopedia: Boards
In this entry about 38-U.S.C.-7106, find legal reference material, bibliographies and premiere content related to boards in the American Encyclopedia of Law, presenting a comprehensive view of the United States boards-specific issues, written by authorities in the field.
38-U.S.C.-7262 in the Legal Encyclopedia: Administrations
In this entry about 38-U.S.C.-7262, find legal reference material, bibliographies and premiere content related to administrations in the American Encyclopedia of Law, presenting a comprehensive view of the United States administrations-specific issues, written by authorities in the field.
Leave a Reply