-CITE-

    38 USC Sec. 7291                                            01/19/04

-EXPCITE-

    TITLE 38 - VETERANS' BENEFITS

    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

    CHAPTER 72 - UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

    SUBCHAPTER IV - DECISIONS AND REVIEW

-HEAD-

    Sec. 7291. Date when Court decision becomes final

-STATUTE-

      (a) A decision of the United States Court of Appeals for Veterans

    Claims shall become final upon the expiration of the time allowed

    for filing, under section 7292 of this title, a notice of appeal

    from such decision, if no such notice is duly filed within such

    time. If such a notice is filed within such time, such a decision

    shall become final - 

        (1) upon the expiration of the time allowed for filing a

      petition for certiorari with the Supreme Court of the United

      States, if the decision of the Court of Appeals for Veterans

      Claims is affirmed or the appeal is dismissed by the United

      States Court of Appeals for the Federal Circuit and no petition

      for certiorari is duly filed;

        (2) upon the denial of a petition for certiorari, if the

      decision of the Court of Appeals for Veterans Claims is affirmed

      or the appeal is dismissed by the United States Court of Appeals

      for the Federal Circuit; or

        (3) upon the expiration of 30 days from the date of issuance of

      the mandate of the Supreme Court, if that Court directs that the

      decision of the Court of Appeals for Veterans Claims be affirmed

      or the appeal dismissed.

      (b)(1) If the Supreme Court directs that the decision of the

    Court of Appeals for Veterans Claims be modified or reversed, the

    decision of the Court of Appeals for Veterans Claims rendered in

    accordance with the mandate of the Supreme Court shall become final

    upon the expiration of 30 days from the time it was rendered,

    unless within such 30 days either the Secretary or the petitioner

    has instituted proceedings to have such decision corrected to

    accord with the mandate, in which event the decision of the Court

    of Appeals for Veterans Claims shall become final when so

    corrected.

      (2) If the decision of the Court of Appeals for Veterans Claims

    is modified or reversed by the United States Court of Appeals for

    the Federal Circuit and if - 

        (A) the time allowed for filing a petition for certiorari has

      expired and no such petition has been duly filed, or

        (B) the petition for certiorari has been denied, or

        (C) the decision of the United States Court of Appeals for the

      Federal Circuit has been affirmed by the Supreme Court,

    then the decision of the Court of Appeals for Veterans Claims

    rendered in accordance with the mandate of the United States Court

    of Appeals for the Federal Circuit shall become final upon the

    expiration of 30 days from the time such decision of the Court of

    Appeals for Veterans Claims was rendered, unless within such 30

    days either the Secretary or the petitioner has instituted

    proceedings to have such decision corrected so that it will accord

    with the mandate, in which event the decision of the Court of

    Appeals for Veterans Claims shall become final when so corrected.

      (c) If the Supreme Court orders a rehearing, or if the case is

    remanded by the United States Court of Appeals for the Federal

    Circuit to the Court of Appeals for Veterans Claims for a

    rehearing, and if - 

        (1) the time allowed for filing a petition for certiorari has

      expired and no such petition has been duly filed, or

        (2) the petition for certiorari has been denied, or

        (3) the decision of the United States Court of Appeals for the

      Federal Circuit has been affirmed by the Supreme Court,

    then the decision of the Court of Appeals for Veterans Claims

    rendered upon such rehearing shall become final in the same manner

    as though no prior decision of the Court of Appeals for Veterans

    Claims had been rendered.

      (d) As used in this section, the term "mandate", in case a

    mandate has been recalled before the expiration of 30 days from the

    date of issuance thereof, means the final mandate.

-SOURCE-

    (Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18,

    1988, 102 Stat. 4119, Sec. 4091; renumbered Sec. 7291 and amended

    Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105

    Stat. 238, 239; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991,

    105 Stat. 404, 405; Pub. L. 105-368, title V, Sec. 512(a)(1),

    (2)(B), Nov. 11, 1998, 112 Stat. 3341.)

-MISC1-

                                AMENDMENTS                            

      1998 - Pub. L. 105-368, Sec. 512(a)(2)(B), substituted "Court

    decision" for "United States Court of Veterans Appeals decision" in

    section catchline.

      Subsecs. (a) to (c). Pub. L. 105-368, Sec. 512(a)(1), substituted

    "Court of Appeals for Veterans Claims" for "Court of Veterans

    Appeals" wherever appearing.

      1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 4091 of

    this title as this section.

      Subsec. (a). Pub. L. 102-40, Sec. 402(d)(1), substituted "7292"

    for "4092" in introductory provisions.

      Subsec. (b). Pub. L. 102-83 substituted "Secretary" for

    "Administrator" in pars. (1) and (2).

                     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.