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38 U.S.C. § 511 — Decisions of the Secretary; finality
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section502&num=0&edition=prelim);
(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 511
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Stable record: federal_law:legal_authorities:record_usc_2ec6fdd34034685ab9487440
Source file: Laws/federal/codes/united-states-code/title-38/section-511-decisions-of-the-secretary-finality--fcafdc918e.md
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Source location: Title 38, Chapter 5, § 511; chapter-005-authority-and-duties-of-the-secretary.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section502&num=0&edition=prelim);
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall pay to each veteran of the Indian Wars who meets the service requirements of this section a pension at the following monthly rate:
(1) $101.59; or
(2) $135.45 if the veteran is in need of regular aid and attendance.
**(b)** A veteran meets the service requirements of this section if such veteran served in one of the Indian Wars—
(1) for thirty days or more; or
(2) for the duration of such Indian War;
in any military organization, whether or not such service was the result of regular muster into the service of the United States, if such service was under the authority or by the approval of the United States or any State.
**(c)**
(1) Any veteran eligible for pension under this section shall, if such veteran so elects, be paid pension at the rates prescribed by [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim), and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of World War I. If pension is paid pursuant to such an election, the election shall be irrevocable, except as provided in paragraph (2).
(2) The Secretary shall pay each month to each veteran of the Indian Wars who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that provided by paragraph (2) of subsection (a) of this section, or (B) that which is payable to the veteran under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim) if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section pursuant to paragraph (1) of this s
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1511
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Federal law — U.S. Code and appendices · legal_authorities
An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers is subject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Appeals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 502
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) There is established within the Department a Center for Innovation for Care and Payment (in this section referred to as the “Center”).
(2) The Secretary, acting through the Center, may carry out such pilot programs the Secretary determines to be appropriate to develop innovative approaches to testing payment and service delivery models in order to reduce expenditures while preserving or enhancing the quality of care furnished by the Department.
(3) The Secretary, acting through the Center, shall test payment and service delivery models to determine whether such models—
(A) improve access to, and quality, timeliness, and patient satisfaction of care and services; and
(B) create cost savings for the Department.
(4)
(A) The Secretary shall test a model in a location where the Secretary determines that the model will addresses 11 So in original. deficits in care (including poor clinical outcomes or potentially avoidable expenditures) for a defined population.
(B) The Secretary shall focus on models the Secretary expects to reduce program costs while preserving or enhancing the quality of care received by individuals receiving benefits under this chapter.
(C) The models selected may include those described in section 1115A(b)(2)(B) of the Social Security Act ([42 U.S.C. 1315a(b)(2)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1315a/b/2/B&num=0&edition=prelim)).
(5) In selecting a model for testing, the Secretary may consider, in addition to other factors identified in this subsection, the following factors:
(A) Whether the model includes a regular process for monitoring and updating patient care plans in a manner that is consistent with the needs and preferences of individuals receiving benefi
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1703E
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The assistance authorized by [section 2101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/a&num=0&edition=prelim) shall be afforded under one of the following plans, at the option of the individual—
(1) where the individual elects to construct a housing unit on land to be acquired by such individual, the Secretary shall pay not to exceed 50 percent of the total cost to the individual of (A) the housing unit and (B) the necessary land upon which it is to be situated;
(2) where the individual elects to construct a housing unit on land acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the total cost to the individual of the housing unit and the land necessary for such housing unit, or (B) 50 percent of the cost to the individual of the housing unit plus the full amount of the unpaid balance, if any, of the cost to the individual of the land necessary for such housing unit;
(3) where the individual elects to remodel a dwelling which is not adapted to the requirements of such individual’s disability, acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed (A) the cost to the individual of such remodeling; or (B) 50 percent of the cost to the individual of such remodeling; plus the smaller of the following sums: (i) 50 percent of the cost to the individual of such dwelling and the necessary land upon which it is situated, or (ii) the full amount of the unpaid balance, if any, of the cost to the individual of such dwelling and the necessary land upon which it is situated; and
(4) where the individual has acquired a suitable ho
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2102
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) In the event of default in the payment of any loan guaranteed under this chapter, the holder of the loan shall notify the Secretary of such default. Upon receipt of such notice, the Secretary may, subject to subsection (c) of this section, pay to such holder the guaranty not in excess of the pro rata portion of the amount originally guaranteed. Except as provided in [section 3703(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3703/e&num=0&edition=prelim), if the Secretary makes such a payment, the Secretary shall be subrogated to the rights of the holder of the loan to the extent of the amount paid on the guaranty.
(2)
(A) The Secretary may, under terms and conditions determined by the Secretary—
(i) pay the holder of a loan guaranteed under this chapter an amount necessary to avoid the foreclosure of such loan;
(ii) require the holder of the loan and the veteran obligated on the loan to execute all documents necessary to ensure the Secretary obtains a secured interest in the property covered by the loan; and
(iii) require the holder of the loan to take any actions necessary to carry out this paragraph, including preparing, executing, transmitting, receiving, and recording documents, and requiring the holder of the loan to place the loan in forbearance.
(B) In the event that a housing loan guaranteed under this chapter is modified under the authority provided under [section 1322(b) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1322/b&num=0&edition=prelim), the Secretary may pay the holder of the housing loan the unpaid principal balance of the housing loan due, plus accrued interest, as of the date of the filing of the petition under title 11, but
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3732
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary shall carry out a program, to be known as the “Partial Claim Program”, under which the Secretary may make a partial claim, described in subsection (b), with respect to a loan—
(1) guaranteed under this chapter;
(2) regarding the primary residence of the borrower; and
(3) that the Secretary determines is in default or at imminent risk of default.
**(b) Partial Claim Described.—** A partial claim described in this subsection, with respect to a loan described in subsection (a), is the purchase by the Secretary of a portion of indebtedness under the loan, through a transaction under which the Secretary—
(1) pays to the holder of the loan the amount of indebtedness, subject to subsection (c), that the Secretary determines necessary to help prevent or resolve a default; and
(2) receives a secured interest in the property that serves as collateral for the guaranteed loan, which is subordinate to the amount of indebtedness under the guaranteed loan that the Secretary does not purchase.
**(c) Administration of Partial Claim.—**
(1)
(A) Subject to subparagraph (B), the amount of a partial claim under this section with respect to a loan guaranteed described in subsection (a) may not exceed 25 percent of the unpaid principal balance of the loan on the date on which the partial claim is made.
(B) In the case of an individual who failed to make a payment on a loan guaranteed under this chapter during the period beginning on March 1, 2020 and ending on May 1, 2025, the amount of a partial claim under this section may not exceed 30 percent of the unpaid principal balance of the guaranteed loan as of the date that the initial partial claim is made.
(2)
(A) Subject to subparagraph (B), the Secretary may make only one partial claim p
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3737
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 81
TITLE 38—VETERANS’ BENEFITS
§ 513
America, prior to repeal by Pub. L. 94–169, title I,
§ 101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1,
1976.
Provisions similar to those in this section were con-
tained in section 210(b)(1), (2) of this title prior to re-
peal by Pub. L. 102–83, § 2(a).
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–262 substituted ‘‘a 45-
day period following the date of the submission of the
report, not less than 30 days of which shall be days dur-
ing which Congress shall have been in continuous ses-
sion’’ for ‘‘a 90-day period of continuous session of Con-
gress following the date of the submission of the re-
port’’ in second sentence and ‘‘any period of continuity
of session’’ for ‘‘such 90-day period’’ in third sentence.
Statutory Notes and Related Subsidiaries
AUTHORITY
OF SECRETARY
OF VETERANS AFFAIRS TO
CARRY OUT SPECIFIED ADMINISTRATIVE REORGANIZA-
TION
Pub. L. 102–54, § 12, June 13, 1991, 105 Stat. 273, pro-
vided that:
‘‘(a) AUTHORITY
FOR
ADMINISTRATIVE
REORGANIZA-
TION.—The Secretary of Veterans Affairs may carry out
the administrative reorganization described in sub-
section (b) without regard to section 210(b)(2) of title 38
[38 U.S.C. 510(b)–(f)], United States Code.
‘‘(b) SPECIFIED REORGANIZATION.—Subsection (a) ap-
plies to the organizational realignment of management
responsibility for the Department of Veterans Affairs
Data Processing Centers, together with the cor-
responding organizational realignment of associated
Information Resources Management operational com-
ponents and functions within the Department of Vet-
erans Affairs central office, as such realignment was
described in the detailed plan and justification sub-
mitted by the Secretary of Veterans Affairs in [sic]
January 4, 1991, letters
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 511
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.