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38 U.S.C. § 7112 — Expedited treatment of certain claims
Federal law — U.S. Code and appendices · legal_authorities
**(a) Remanded Claims.—** The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Board of any claim that is remanded to the Secretary by the Court of Appeals for Veterans Claims.
**(b) Claims Involving Military Sexual Trauma.—** The Board shall promptly determine whether a notice of disagreement filed with the Board is a covered case.
**(c) Definitions.—** In this section:
(1) The term “covered case” means a case—
(A) that concerns a claim for compensation based on military sexual trauma; and
(B) for which the appellant has requested a hearing in the notice of disagreement filed with the Board pursuant to [section 7105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7105&num=0&edition=prelim).
(2) The term “military sexual trauma” has the meaning given that term in [section 1166 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1166&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-38/section-7112-expedited-treatment-of-certain-claims--cc5e7739b0.md
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Source location: Title 38, Chapter 71, § 7112; chapter-071-board-of-veterans-appeals.md
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**(a) Remanded Claims.—** The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Board of any claim that is remanded to the Secretary by the Court of Appeals for Veterans Claims.
**(b) Claims Involving Military Sexual Trauma.—** The Board shall promptly determine whether a notice of disagreement filed with the Board is a covered case.
**(c) Definitions.—** In this section:
(1) The term “covered case” means a case—
(A) that concerns a claim for compensation based on military sexual trauma; and
(B) for which the appellant has requested a hearing in the notice of disagreement filed with the Board pursuant to [section 7105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7105&num=0&edition=prelim).
(2) The term “military sexual trauma” has the meaning given that term in [section 1166 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1166&num=0&edition=prelim).
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Processing.—**
(1) The Secretary shall establish specialized teams to process claims for compensation for a covered mental health condition based on military sexual trauma experienced by a veteran during active military, naval, air, or space service.
(2) A peer support specialist of the Department—
(A) shall not be responsible for providing any assistance to a veteran regarding a claim described in paragraph (1), other than counseling services, guidance, and support, pursuant to duties determined by the Under Secretary for Health; and
(B) shall not participate in the adjudication of such a claim.
**(b) Referrals to MST Coordinators.—** The Secretary shall include, in forms for claims described in subsection (a), an option for a veteran to elect to be referred to a military sexual trauma coordinator of the Veterans Health Administration at the facility of the Department nearest to the residence of such veteran.
**(c) Training.—**
(1) The Secretary shall ensure that members of teams established under subsection (a) are trained to identify markers indicating military sexual trauma.
(2) The Secretary shall ensure that peer support specialists of the Department receive annual training on how to provide peer support regarding military sexual trauma.
(3) The Secretary shall provide annual training, regarding the processing of claims described in subsection (a), to the following individuals:
(A) Military sexual trauma coordinators of the Veterans Health Administration.
(B) Peer support specialists of the Department.
**(d) Definitions.—** In this section:
(1) The term “covered mental health condition” means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statis
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1166
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Federal law — U.S. Code and appendices · legal_authorities
Page 1132
TITLE 38—VETERANS’ BENEFITS
§ 7112
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2017 AMENDMENT
Amendment by Pub. L. 115–55 applicable to all claims
for which the Secretary of Veterans Affairs provides
notice of a decision under section 5104 of this title on
or after the later of 540 days after Aug. 23, 2017, or 30
days after the date on which the Secretary submits to
Congress a certification of certain capabilities of the
Department of Veterans Affairs to carry out the new
appeals system established by Pub. L. 115–55 and to ad-
dress appeals of decisions on legacy claims, with provi-
sion for early applicability of the new appeals system
to certain claims, see section 2(x) of Pub. L. 115–55, set
out as a note under section 101 of this title, and brack-
eted note thereunder.
EFFECTIVE DATE
Section applicable to any determination made before,
on, or after Nov. 21, 1997, see section 1(c)(1) of Pub. L.
105–111, set out as a note under section 5109A of this
title.
§ 7112. Expedited treatment of certain claims
(a) REMANDED CLAIMS.—The Secretary shall
take such actions as may be necessary to pro-
vide for the expeditious treatment by the Board
of any claim that is remanded to the Secretary
by the Court of Appeals for Veterans Claims.
(b) CLAIMS INVOLVING MILITARY SEXUAL TRAU-
MA.—The
Board
shall
promptly
determine
whether a notice of disagreement filed with the
Board is a covered case.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered case’’ means a case—
(A) that concerns a claim for compensa-
tion based on military sexual trauma; and
(B) for which the appellant has requested a
hearing in the notice of disagreement filed
with the Board pursuant to section 7105 of
this title.
(2) The term ‘‘military sexual trauma
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7112
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