" 4009. Judicial review.

"(a) Any claimant aggrieved by a decision of the Board involving his right to payments of pension or compensation may, within one year from whichever last occurs, the date of mailing of notice of such decision, or the date of enactment of this section, apply to the United States district court for the district in which he resides for a review of such decision. Such application shall be made by filing in the office of the clerk of the court a concise statement of errors of law and fact complained of, and a copy of such statement shall be served on the manager of the regional office of the Veterans' Administration which handles claims for compensation or pension by persons residing in that district. Within thirty days after the receipt of such statement, the Administrator shall certify and transmit to the court a copy of the record on which the decision of the Board was based.

"(b) The findings of fact by the Board, if supported by a preponderance of evidence in the record, shall be conclusive, but the court for good cause shown may permit the introduction of additional evidence. If the court determines that the decision of the Board is not in accordance with law or is contrary to the preponderance of the evidence in the record before the court, the court may reverse or modify the decision of the Board; otherwise, the court shall enter a judgment affirming the decision of the Board. If the court enters a judgment reversing or modifying the decision of the Board, the Administrator shall carry out the judgment of the court.

"(c) Judgments of the United States district courts under this section shall be subject to one review on appeal to the appropriate United States court of appeals, and the decrees of such courts shall be final."

(b) The table of sections at the head of chapter 71 of title 38, United States Code, is amended by adding at the end thereof the following:

"4009. Judicial review."

SEC. 2. (a) Section 108 of title 38, United States Code, is amended by inserting "or 4009" immediately after “784”.

(b) Section 211 of title 38, United States Code, is amended by inserting ", 4009," immediately after "3404".

(c) Subsections (c), (e), (f), and (g) of section 784 of title 38, United States Code, are each amended by inserting "or section 4009 of this title" immediately after "this section" each place it appears.

[H.R. 8375, 86th Cong., 1st Sess.]

A BILL To amend chapter 71 of title 38, United States Code, to permit judicial review of decisions of the Board of Veterans' Appeals in compensation and pension claims Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 71 of title 38, United States Code, is amended by adding at the end thereof the following new section:

"4009. Judicial review

"(a) Any claimant aggrieved by a decision of the Board involving his right to payments of pension or compensation may, within one year from whichever last occurs, the date of mailing of notice of such decision, or the date of enactment of this section, apply to the United States district court for the district in which he resides for a review of such decision. Such application shall be made by filing in the office of the clerk of the court a concise statement of errors of law and fact complained of, and a copy of such statement shall be served on the manager of the regional office of the Veterans' Administration which handles claims for compensation or pension by persons residing in that district. Within thirty days after the receipt of such statement, the Administrator shall certify and transmit to the court a copy of the record on which the decision of the Board was based.

"(b) The findings of fact by the Board, if supported by a preponderance of evidence in the record, shall be conclusive, but the court for good cause shown may permit the introduction of additional evidence. If the court determines that the decision of the Board is not in accordance with law or is contrary to the preponderance of the evidence in the record before the court, the court may reverse or modify the decision of the Board; otherwise, the court

shall enter a judgment affirming the decision of the Board. If the court enters a judgment reversing or modifying the decision of the Board, the Administrator shall carry out the judgment of the court.

"(c) Judgments of the United States district courts under this section shall shall be subject to one review on appeal to the apppropriate United States court of appeals, and the decrees of such courts shall be final."

(b) The table of sections at the head of chapter 71 of title 38, United States Code, is amended by adding at the end thereof the following:

"4009. Judicial review."

SEC. 2. (a) Section 108 of title 38, United States Code, is amended by inserting "or 4009" immediately after "784".

(b) Section 211 of title 38, United States Code, is amended by inserting ", 4009," immediately after "3404".

(c) Subsections (c), (e), (f), and (g) of section 784 of title 38, United States Code, are each amended by inserting "or section 4009 of this title" immediately after "this section" each place it appears.

[H.R. 9591, 86th Cong., 2d Sess.]

A BILL To amend section 211, title 38, United States Code, to provide a court to which appeals may be taken from the Board of Veterans' Appeals in the Veterans' Administration, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 211, title 38, United States Code, is amended by inserting the words "and as provided in subparagraph (c) hereof," after the word "title,", line 2 of section 211 (a), and by the addition of a new subparagraph following subparagraph (b) to read as follows: "(c) UNITED STATES COURT OF VETERANS' APPEALS.-The President shall appoint, by and with the advice and consent of the Senate, a chief judge and four associate judges who are impartial civilians and not affiliated with the Veterans' Administration, the military, or General Accounting Office, who shall constitute a court of record which shall be known as the United States Court of Veterans' Appeals, hereinafter referred to as the 'court'. The chief judge of the court shall preside at all sessions of the court attended by him. In his absence the other judges of the court shall have precedence and shall preside according to the seniority of their commissions. Judges of the court whose commissions bear the same date shall have precedence according to seniorty in age. The chief judge and associate judges of the court shall hold office during good behavior and their salaries shall be: The chief judge, $22,500 per annum and each associate judge, $20,000 per annum. The court, sitting in accordance with rules of the court, shall hold its terms in the city of Washington, District of Columbia. Three judges of the court shall constitute a quorum. The concurrance of three judges of the court shall be necessary to any decision of the court. The court, on each appeal from a decision of the Board of Veterans' Appeals, shall file a written opinion as a part of the record and shall send certified copies therof to the Administrator of Veterans' Affairs and the other parties of record to the litigation.

"JURISDICTION OF THE COURT.-The court shall have exclusive jurisdiction to review by appeal all decisions of the Board of Veterans' Appeals, Veterans' Administration. All decisions of the court shall be final and shall not be subject to review by any official or court of the United States. Any claimant aggrieved by a decision of the Board of Veterans' Appeals may, within one year from the date of mailing of notice of such decision, or the date of enactment of this section, whichever is later, make application to the court for a review of such decision. Such application shall be made by filing in the office of the clerk of the court a concise statement of errors of law and fact complained of, and a copy of such statement shall be served on the chairman of the Board of Veterans' Appeals. Within thirty days after the receipt of such statement the Chairman of the Board shall certify and transmit to the court a copy of the record on which the decision of the Board, for which application for review is being made, was based. The findings of fact by the Board, unless contrary to the preponderance of the evidence or unless all reasonable doubts have not been resolved in favor of the claimant, shall be conclusive; but the court, for good cause shown, may remand the case to the Board to take further evidence, and the Board may thereupon make new or modified findings of fact and may modify its previous

decision, and shall certify to the court the transcript and record of such further proceedings. Such new or modified findings of fact shall likewise be conclusive unless contrary to the preponderance of the evidence or unless all reasonable doubts have not been resolved in favor of the claimant pursuant to the instructions governing the adjudication of claims by the Veterans' Administration. If the court determines that the decision of the Board of Veterans' Appeals is not in accordance with law or is contrary to the preponderance of the evidence in the record before the Court, or that the Board has not resolved all reasonable doubts in favor of the claimant, the court shall reverse or modify the decision of the Board, otherwise the court shall enter a judgement affirming the decision of the Board. If the court enters a judgement reversing or modifying the decision of the Board of Administrator of Veterans' Affairs shall carry out the judgement of the court, which judgement shall be final.

"COURT PERSONNEL.-The court shall appoint a clerk and an assistant clerk each of whom shall be subject to removal by the court. The clerk of the court shall pay into the Treasury all fees, costs, and other moneys collected by him as clerk of the court. He shall make returns thereof as provided by law in the case of Clerks of the United States District Courts. The court shall appoint a bailiff and a messenger who shall be subject to removal by the court. The bailiff of the court shall attend the court, preserve order, and perform such other necessary duties as the court directs. The court shall appoint stenographers and other clerical employees in such numbers as may be necessary and such stenographers and other clerical employees shall be subject to removal by the court.

"FEES: CHARGE FOR COURT'S OPINION.-The court shall by rule impose a fee not exceeding $10 for the filing of any petition. Except as otherwise provided herein the clerk of the court shall collect fees for certified copies of the court's opinion based upon a fees schedule approved by the court for the furnishing of such certified copies."

The amendments made by this Act shall take effect six months after the date of its enactment.

[H.R. 9632, 86th Cong., 2d Sess.1

A BILL To amend title 38, United States Code, to establish the Court of Veterans' Appeals to review decisions of the Board of Veterans' Appeals

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That part V of title 38, United States Code, is amended by adding immediately after chapter 71 thereof the following new chapter:

"CHAPTER 72-COURT OF VETERANS' APPEALS

"4063. Stenographers; clerical employees; bailiff.

"4064. Fees; charge for Court's opinions.

"SUBCHAPTER I-ESTABLISHMENT AND JURISDICTION

"§ 4051. Establishment of Court of Veterans' Appeals

"(a) There is hereby established the Court of Veterans' Appeals (hereafter in this chapter referred to as the 'Court') located for administrative purposes in the Veterans' Administration. The Court shall consist of three judges appointed from civil life by the President, by and with the advice and consent of the Senate, for a term of fifteen years. Not more than two of the judges of the Court may be appointed from the same political party, nor may any person be appointed to the Court who is not a member of the bar of a Federal court or of the highest court of a State. Each judge shall be entitled to a salary of $25,500 a year, and shall be eligible for reappointment. The President shall designate from time to time one of the judges to act as Chief Judge. The Court may prescribe its own rules of procedure and determine the number of judges required

54722-602

to constitute a quorum. A vacancy in the Court shall not impair the right of the remaining judges to exercise the powers of the Court. Upon his certificate, each judge is entitled to be paid by the Administrator (1) all necessary traveling expenses, and (2) his reasonable maintenance expenses, but not more than $15 a day, incurred while attending court or transacting official business outside the District of Columbia.

"(b) The terms of office of the three judges first taking office after the date of enactment of this section shall expire, as designated by the President at the time of nomination, one five years after such date, one ten years after such date, and one fifteen years after such date. The terms of office of all successors shall expire fifteen years after the expiration of the terms for which their predecessors were appointed, but any judge appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed may be appointed only for the unexpired term of his predecessor.

"(c) Judges of the Court may be removed by the President, upon notice and hearing, for neglect of duty or malfeasance in office, or for mental or physical disability, but for no other cause.

“(d) If a judge of the Court is temporarily unable to perform his duties because of illness or other disability, the President may designate a judge of the United States Court of Appeals for the District of Columbia to fill the office for the period of disability.

"(e) The Court and the Administrator shall meet annually to make a comprehensive survey of the operation of this chapter and report to the Committee on Veterans' Affairs of the House of Representatives and to the Committee on Finance of the Senate, the number and status of pending cases and any recommendations relating to amendments to this chapter and other matters considered appropriate.

"§ 4052. Jurisdiction of the Court

"(a) Except with respect to matters which may be reviewed by another court . pursuant to section 784 or 1820 (a)(1) of this title, the Court shall have exclusive jurisdiction to review by appeal all decisions of the Board of Veterans' Appeals (hereinafter in this chapter referred to as the 'Board').

(b) (1) Except as provided in paragraph (2), all decisions of the Court shall be final and no decision of the Court shall be subject to review by any official or court of the United States.

"(2) Nothing contained in paragraph (1) of this subsection shall prevent the Board, where the Court has affirmed a decision of the Board denying or disallowing a claim, from reopening the claim and reviewing the former decision, if new and material evidence in the form of official reports from the proper service department is secured.

"4053. Review by the Court

"(a) Any claimant aggrieved by a decision of the Board may, within one year from the date of mailing of notice of such decision, or the date of enactment of this section, whichever is later, apply to the Court for a review of such decision. Such application shall be made by filing in the office of the clerk of the Court a concise statement of the errors of law and fact complained of. A copy of such statement shall be served on the Chairman of the Board. Within fifteen days the Chairman shall certify and transmit to the Court a copy of the record on which the decision of the Board was based.

"(b) The Court may decline to review any decision of the Board if it appears that no material error of fact or law is involved in such decision.

“(c) The findings of fact by the Board, if supported by a preponderance of the evidence in the record before the Court, shall be conclusive; but the Court, for good cause shown, may take new or additional evidence. The Court may conduct such independent investigations as it may deem necessary for the purpose of ascertaining the qualifications of individuals whose opinions on medical matters have been relied on in the decision of the Board being reviewed.

"(d) If the Court determines that the decision of the Board is not in accordance with law or is not supported by a preponderance of evidence in the record before the Court, the Court shall reverse or modify the decision of the Board; otherwise the Court shall enter a judgment affirming the decision of the Board. If the Court enters a judgment reversing or modifying the decision of the Board, the Administrator shall carry out the judgment of the Court.

" 4054. Attorneys' fees

"The court, as a part of each judgment or decree entered, shall determine and allow reasonable fees for the attorney or attorneys of the claimant or claimants, and apportion same, if proper.

"§ 4061. Clerk

"SUBCHAPTER II-PROCEDURE AND ADMINISTRATION

"(a) The Court may appoint a clerk and an assistant clerk, each of whom shall be subject to removal by the Court. The Court shall report any such removal and the cause thereof to Congress as soon as possible.

"(b) The clerk shall pay into the Treasury all fees, costs and other moneys collected by him. He shall make returns thereof to the Director of the Administrative Office of the United States Courts under regulations prescribed by

him.

"(c) On the first day of every regular session of Congress, the clerk shall transmit to Congress a full and complete statement of all the judgments rendered by the Court during the previous year, showing the dates and amounts thereof and the parties in whose favor they were rendered, together with a brief. synopsis of the nature of the claims upon which they were rendered, and a statement of the costs taxed in each case.

"(a) The Court may appoint not more than fifty commissioners who shall be subject to removal by the Court and shall devote all of their time to the duties of the office. The commissioners shall perform such duties as the Court may prescribe, including, but not limited to, conducting hearings, receiving evidence, taking depositions, qualifying witnesses, and making such reports as the Court may prescribe.

"(b) Each commissioner shall receive basic compensation at the rate of $14,800 a year, and also all necessary traveling expenses and a per diem allowance as provided in sections 835-842 of title 5 while traveling on official business and away from Washington, District of Columbia.

"¡ 4063. Stenographers; clerical employees; ballff

"(a) The Court shall appoint stenographers and other clerical employees in such numbers as may be necessary each of whom shall be subject to removal by the Court.

"(b) The Court may appoint a baliff and a messenger who shall be subject to removal by the court. The bailiff shall attend the court, preserve order, and perform such other necessary duties as the Court directs.

"§ 4064. Fees; charges for Court's opinions

"(a) The Court shall by rule impose a fee not exceeding $10 for the filing of any petition.

"(b) The clerk of the Court shall collect for each certified copy of the Court's opinion a fee of 25 cents for five pages or less; 35 cents for those over five and not more than ten pages; 45 cents for those over ten pages and not more than twenty pages; and 50 cents for those of more than twenty pages."

SEC. 2. The title and table of chapters of part V of title 38, United States Code, is amended to read as follows:

"PART V-BOARDS, COURT OF VETERANS' APPEALS, AND DEPARTMENTS

SEC. 3. (a) Section 3405 of title 38, United States Code, is amended by inserting ", 4054," immediately after "3404".

(b) Subsection (c) of section 4004 of title 38, United States Code, is amended by (1) striking out “Administrator, and" and inserting in lieu thereof "Administrator,", and (2) inserting immediately before the period at the end thereof the following: “, and the precedent opinions of the Court of Veterans' Appeals”. SEC. 4. Sections 372, 451, and 610 of title 38, United States Code, are amended by inserting immediately after "Court of Customs and Patent Appeals" the following: ", the Court of Veterans' Appeals".