Page:United States Statutes at Large Volume 102 Part 5.djvu/99

 PUBLIC LAW 100-687—NOV. 18, 1988

102 STAT. 4105

Public Law 100-687 100th Congress An Act To amend title 38, United States Code, to establish certain procedures for the adjudication of claims for benefits under laws administered by the Veterans' Administration; to apply the provisions of section 553 of title 5, United States Code, to rulemaking procedures of the Veterans' Administration; to establish a Court of Veterans' Appeals and to provide for judicial review of certain final decisions of the Board of Veterans' Appeals; to provide for the payment of reasonable fees to attorneys for rendering legal representation to individuals claiming benefits under laws administered by the Veterans' Administration; to increase the rates of compensation payable to veterans with service-connected disabilities; and to make various improvements in veterans' health, rehabilitation, and memorial affairs programs; and for other purposes.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. DIVISION A—VETERANS' JUDICIAL REVIEW SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.

Veterans' Judicial Review ^^•

(a) SHORT TITLE.—This division may be cited as the "Veterans' 38 USC 101 note. Judicial Review Act". (b) REFERENCES.—Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code.

TITLE I—ADJUDICATIVE AND RULEMAKING AUTHORITY OF THE VETERANS' ADMINISTRATION SEC. 101. DECISIONS BY ADMINISTRATOR. (a) MATTERS TO B E DECIDED BY ADMINISTRATOR.—Subsection (a) of

section 211 is amended to read as follows: "(a)(1) The Administrator shall decide all questions of law and fact necessary to a decision by the Administrator under a law that affects the provision of benefits by the Administrator to veterans or the dependents or survivors of veterans. Subject to paragraph (2) of this subsection, the decision of the Administrator as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise. "(2) The second sentence of paragraph (1) of this subsection does not apply to— "(A) matters subject to section 223 of this title; "(B) matters covered by sections 775 and 784 of this title; "(C) matters arising under chapter 37 of this title; and

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