Page:United States Statutes at Large Volume 116 Part 4.djvu/404

 116 STAT. 2832 PUBLIC LAW 107-330 —DEC. 6, 2002 TITLE IV—JUDICIAL MATTERS 38 USC 7261. Effective date. 38 USC 7261 note. 38 USC 7292 note. SEC. 401. STANDARD FOR REVERSAL BY COURT OF APPEALS FOR VET- ERANS CLAIMS OF ERRONEOUS FINDING OF FACT BY BOARD OF VETERANS' APPEALS. (a) STANDARD FOR REVERSAL.— Paragraph (4) of subsection (a) of section 7261 is amended— (1) by inserting "adverse to the claimant" after "material fact"; and (2) by inserting "or reverse" after "and set aside". (b) REQUIREMENTS FOR REVIEW. —Subsection (b) of that section is amended to read as follows: "(b) In making the determinations under subsection (a), the Court shall review the record of proceedings before the Secretary and the Board of Veterans' Appeals pursuant to section 7252(b) of this title and shall— "(1) take due account of the Secretary's application of section 5107(b) of this title; and "(2) take due account of the rule of prejudicial error.". (c) APPLICABILITY. — (1) Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (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. SEC. 402. REVIEW BY COURT OF APPEALS FOR THE FEDERAL CIRCUIT OF DECISIONS OF LAW OF COURT OF APPEALS FOR VET- ERANS CLAIMS. (a) REVIEW. —Section 7292(a) is amended by inserting "a decision of the Court on a rule of law or of in the first sentence after "the validity of. (b) APPLICABILITY.—The amendment made by subsection (a) shall apply with respect to any appeal— (1) filed with the United States Court of Appeals for the Federal Circuit on or after the date of the enactment of this Act; or (2) pending with the United States Court of Appeals for the Federal Circuit as of the date of the enactment of this Act in which a decision has not been rendered as of that date.

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