“The Veterans Judicial Review Act of 1988 affords judicial review of the Article I veteran-benefit administrative process, pursuant to 38 U.S.C. § 7261 in the Court of Appeals for Veterans Claims as an Article I tribunal, and pursuant to 38 U.S.C. § 7292(d) in the Court of Appeals for the Federal Circuit as the Article III court of first instance; those provisions derive operative language from 5 U.S.C. § 706 of the Administrative Procedures Act. The Veterans Judicial Review Act of 1988 also affords appellate review of decisions issued within that Article I process, pursuant to 38 U.S.C. § 7252(a) in the Court of Appeals for Veterans Claims, and pursuant to 38 U.S.C. § 7292(e) in the Court of Appeals for the Federal Circuit.”
“The Court of Appeals for the Federal Circuit refused to review specified jurisdictional defects in the Article I veteran-benefit administrative process, reasoning that 38 U.S.C. § 7292(a) limits its jurisdiction to reviewing decisions of the Court of Appeals for Veterans Claims.”
“In relation to those circumstances, the question presented is:”
“Whether an aggrieved veteran’s right to judicial review of the Article I veteran-benefit administrative process, pursuant to the first sentence of 38 U.S.C. § 7292(d)(1) in the Court of Appeals for the Federal Circuit as the Article III court of first instance, is independent of review of decisions issued within that Article I process.”
