Browse Arkansas Code titles and sections
38 U.S.C. § 7105A — Simultaneously contested claims
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of a notice of disagreement shall be sixty days from the date notice of the adverse action is issued. In such cases the agency of original jurisdiction shall promptly notify all parties in interest at the last known address of the action taken, expressly inviting attention to the fact that notice of disagreement will not be entertained unless filed within the sixty-day period prescribed by this subsection.
**(b)**
(1) The substance of the notice of disagreement shall be communicated to the other party or parties in interest and a period of thirty days shall be allowed for filing a brief or argument in response thereto.
(2) Such notice shall be forwarded to the last known address of record of the parties concerned, and such action shall constitute sufficient evidence of notice.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7105A
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 1c89edd4cf15af28d11d616e1e427e7ebbe6810c8ba35ece66ea24021b994640. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_0f6944a9791cfb9d4898e6a7
Source file: Laws/federal/codes/united-states-code/title-38/section-7105a-simultaneously-contested-claims--3fe2e30315.md
Pages: Not recorded – Not recorded
Passage SHA-256: 629169bb8d6d0f2503236f5be0e4a0db9f1a9cde4186ac424b307ec45224f593
Source location: Title 38, Chapter 71, § 7105A; chapter-071-board-of-veterans-appeals.md
Stored source content
**(a)** In simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of a notice of disagreement shall be sixty days from the date notice of the adverse action is issued. In such cases the agency of original jurisdiction shall promptly notify all parties in interest at the last known address of the action taken, expressly inviting attention to the fact that notice of disagreement will not be entertained unless filed within the sixty-day period prescribed by this subsection.
**(b)**
(1) The substance of the notice of disagreement shall be communicated to the other party or parties in interest and a period of thirty days shall be allowed for filing a brief or argument in response thereto.
(2) Such notice shall be forwarded to the last known address of record of the parties concerned, and such action shall constitute sufficient evidence of notice.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “claimant” means any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary.
(2) The term “notice” means a communication issued through means (including electronic means) prescribed by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5100
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Appellate review shall be initiated by the filing of a notice of disagreement in the form prescribed by the Secretary. Each appellant will be accorded hearing and representation rights pursuant to the provisions of this chapter and regulations of the Secretary.
**(b)**
(1)
(A) Except in the case of simultaneously contested claims, a notice of disagreement shall be filed within one year from the date of the issuance of notice of the decision of the agency of original jurisdiction pursuant to section 5104, 5104B, or 5108 of this title.
(B) A notice of disagreement postmarked before the expiration of the one-year period shall be accepted as timely filed.
(C) A question as to timeliness or adequacy of the notice of disagreement shall be decided by the Board.
(2)
(A) Notices of disagreement shall be in writing, shall identify the specific determination with which the claimant disagrees, and may be filed by the claimant, the claimant’s legal guardian, or such accredited representative, attorney, or authorized agent as may be selected by the claimant or legal guardian.
(B) Not more than one recognized organization, attorney, or agent may be recognized at any one time in the prosecution of a claim.
(C) Notices of disagreement shall be filed with the Board.
(3) The notice of disagreement shall indicate whether the claimant requests—
(A) a hearing before the Board, which shall include an opportunity to submit evidence in accordance with [section 7113(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7113/b&num=0&edition=prelim);
(B) an opportunity to submit additional evidence without a hearing before the Board, which shall include an opportunity to submit evidence in accordance with [section 7113(c)
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7105
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In the case of a decision by the Secretary under [section 511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section511&num=0&edition=prelim) affecting the provision of benefits to a claimant, the Secretary shall, on a timely basis, provide to the claimant (and to the claimant’s representative) notice of such decision. The notice shall include an explanation of the procedure for obtaining review of the decision.
**(b)** Each notice provided under subsection (a) shall also include all of the following:
(1) Identification of the issues adjudicated.
(2) A summary of the evidence considered by the Secretary.
(3) A summary of the applicable laws and regulations.
(4) Identification of findings favorable to the claimant.
(5) In the case of a denial, identification of elements not satisfied leading to the denial.
(6) An explanation of how to obtain or access evidence used in making the decision.
(7) If applicable, identification of the criteria that must be satisfied to grant service connection or the next higher level of compensation.
**(c)** The Secretary may provide notice under subsection (a) electronically if a claimant (or the claimant’s representative) elects to receive such notice electronically. A claimant (or the claimant’s representative) may revoke such an election at any time, by means prescribed by the Secretary.
**(d)** The Secretary shall annually—
(1) solicit recommendations from stakeholders on how to improve notice under this section; and
(2) publish such recommendations on a publicly available website of the Department.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5104
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1129
TITLE 38—VETERANS’ BENEFITS
§ 7107
EFFECTIVE DATE
Pub. L. 87–666, § 3, Sept. 19, 1962, 76 Stat. 554, provided
that: ‘‘The amendments made by this Act [enacting
sections 4005, 4005A, and 4006 [now 7105, 7105A, and 7106]
of this title, redesignating former section 4006 as 4007
[now 7107] of this title, and repealing former sections
4005 and 4007 of this title] shall be effective January 1,
1963.’’
RULE OF CONSTRUCTION
Amendment by Pub. L. 117–168 not to be construed to
apply section 5104(a) of this title to decisions of the
Board of Veterans’ Appeals under chapter 71 of this
title, see section 807(b) of Pub. L. 117–168, set out as a
note under section 5100 of this title.
§ 7105A. Simultaneously contested claims
(a) In simultaneously contested claims where
one is allowed and one rejected, the time al-
lowed for the filing of a notice of disagreement
shall be sixty days from the date notice of the
adverse action is issued. In such cases the agen-
cy of original jurisdiction shall promptly notify
all parties in interest at the last known address
of the action taken, expressly inviting attention
to the fact that notice of disagreement will not
be entertained unless filed within the sixty-day
period prescribed by this subsection.
(b)(1) The substance of the notice of disagree-
ment shall be communicated to the other party
or parties in interest and a period of thirty days
shall be allowed for filing a brief or argument in
response thereto.
(2) Such notice shall be forwarded to the last
known address of record of the parties con-
cerned, and such action shall constitute suffi-
cient evidence of notice.
(Added Pub. L. 87–666, § 1, Sept. 19, 1962, 76 Stat.
554, § 4005A; renumbered § 7105A and amended
Pub. L. 102–40, title IV, § 402(b)(1),
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7105A
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.