TRUE   DEMOCRACY     Spring 2002     TABLE OF CONTENTS

From the U.S. Code Online via GPO Access






[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 38USC511]


                   TITLE 38--VETERANS' BENEFITS

                    PART I--GENERAL PROVISIONS

         CHAPTER 5--AUTHORITY AND DUTIES OF THE SECRETARY

                 SUBCHAPTER I--GENERAL AUTHORITIES

Sec. 511. Decisions of the Secretary; finality

 (a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary 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.  (b) The second sentence of subsection (a) does not apply to--
     (1) matters subject to section 502 of this title;
     (2) matters covered by sections 1975 and 1984 of this title;
     (3) matters arising under chapter 37 of this title; and
     (4) matters covered by chapter 72 of this title.

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 388.)

                         Prior Provisions

 Prior section 511 was renumbered section 1511 of this title.  Provisions similar to those in this section were contained in section 211(a) of this title prior to repeal by Pub. L. 102-83, Sec. 2(a).

                 Federal Rules of Civil Procedure

 Writ of mandamus abolished in United States district courts, but relief available by appropriate action or motion, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure.

               Section Referred to in Other Sections

 This section is referred to in sections 5104, 7104 of this title.



PREVIOUS ARTICLE NEXT ARTICLE

TRUE DEMOCRACY Spring 2002 Copyright © 2002 by News Source, Inc.