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38 U.S.C. § 7105 — Filing of appeal

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7105 — Filing of appeal

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Source location: Title 38, Chapter 71, § 7105; chapter-071-board-of-veterans-appeals.md

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**(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) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7113/c&num=0&edition=prelim); or (C) a review by the Board without a hearing or the submittal of additional evidence. (4) The Secretary shall develop a policy to permit a claimant to modify the information identified in the notice of disagreement after the notice of disagreement has been filed under this section pursuant to such requirements as the Secretary may prescribe. **(c)** If no notice of disagreement is filed in accordance with this chapter within the prescribed period, the action or decision of the agency of original jurisdiction shall become final and the claim shall not thereafter be readjudicated or allowed, except— (1) in the case of a readjudication or allowance pursuant to a higher-level review that was requested in accordance with [section 5104B of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5104b&num=0&edition=prelim); (2) as may otherwise be provided by [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim); or (3) as may otherwise be provided in such regulations as are consistent with this title. **(d)** The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5100 — Definitions

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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7251 — Status

There is hereby established, under Article I of the Constitution of the United States, a court of record to be known as the United States Court of Appeals for Veterans Claims.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 101 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5108 — Supplemental claims

**(a) In General.—** If new and relevant evidence is presented or secured with respect to a supplemental claim, the Secretary shall readjudicate the claim taking into consideration all of the evidence of record. **(b) Duty to Assist.—** (1) If a claimant, in connection with a supplemental claim, reasonably identifies existing records, whether or not in the custody of a Federal department or agency, the Secretary shall assist the claimant in obtaining the records in accordance with [section 5103A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5103a&num=0&edition=prelim). (2) Assistance under paragraph (1) shall not be predicated upon a finding that new and relevant evidence has been presented or secured.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5104 — Decisions and notices of decisions

**(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

38 U.S.C. § 2411 — Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing certain Federal or State crimes

**(a)** (1) In the case of a person described in subsection (b), the appropriate Federal official may not— (A) inter the remains of such person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or (B) honor the memory of such person in a memorial area in a cemetery in the National Cemetery Administration (described in [section 2403(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2403/a&num=0&edition=prelim)) or in such an area in Arlington National Cemetery (described in [section 2409(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2409/a&num=0&edition=prelim)). (2) In the case of a person described in subsection (b)(1), (b)(2), or (b)(4), the prohibition under paragraph (1) shall not apply unless written notice of a conviction referred to in subsection (b)(1), (b)(2), or (b)(4), as the case may be, is received by the appropriate Federal official before the interment or memorialization of such person. Such written notice shall be furnished to such official by the Attorney General, in the case of a Federal crime, or by an appropriate State official, in the case of a State crime. **(b)** A person referred to in subsection (a) is any of the following: (1) A person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President). (2) A person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State). (3) A person who— (A) is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but (B) has not been co

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2411

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5104C — Options following decision by agency of original jurisdiction

**(a) Within One Year of Decision.—** (1) Subject to paragraph (2), in any case in which the Secretary renders a decision on a claim, the claimant may take any of the following actions on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision with respect to that claim: (A) File a request for higher-level review under [section 5104B of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5104b&num=0&edition=prelim). (B) File a supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim). (C) File a notice of disagreement under [section 7105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7105&num=0&edition=prelim). (2) (A) Once a claimant takes an action set forth in paragraph (1), the claimant may not take another action set forth in that paragraph with respect to the same claim or same issue contained within the claim until— (i) the higher-level review, supplemental claim, or notice of disagreement is adjudicated; or (ii) the request for higher-level review, supplemental claim, or notice of disagreement is withdrawn. (B) Nothing in this subsection shall prohibit a claimant from taking any of the actions set forth in paragraph (1) in succession with respect to a claim or an issue contained within the claim. (C) Nothing in this subsection shall prohibit a claimant from taking different actions set forth in paragraph (1) with respect to different claims or different issues contained within a claim. (D) The Secretary may, as the Secretary considers appropriate, develop and implement a policy for claimants who—

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7105A — Simultaneously contested claims

**(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

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38 U.S.C. § 7112 — Expedited treatment of certain claims

**(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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7112

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7105 — Filing of appeal

Page 1127 TITLE 38—VETERANS’ BENEFITS § 7105 lows: ‘‘After reaching a decision in a case, the Board shall promptly mail a copy of its written decision to the claimant and the claimant’s authorized representa- tive (if any) at the last known address of the claimant and at the last known address of such representative (if any).’’ 1994—Subsec. (a). Pub. L. 103–271, § 8, substituted ‘‘511(a)’’ for ‘‘211(a)’’. Pub. L. 103–271, § 7(b)(1), struck out after second sen- tence ‘‘The Board shall decide any such appeal only after affording the claimant an opportunity for a hear- ing.’’ 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4004 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–54 made a technical correction to Pub. L. 100–687, § 101(b). See 1988 Amendment note below. Subsec. (b). Pub. L. 102–40, § 402(d)(1), substituted ‘‘5108’’ for ‘‘3008’’. Subsec. (c). Pub. L. 102–83, § 4(c), substituted ‘‘chief legal officer of the Department’’ for ‘‘chief law officer’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. 1988—Subsec. (a). Pub. L. 100–687, § 101(b), as amended by Pub. L. 102–54, substituted ‘‘All questions in a mat- ter which under section 211(a) of this title is subject to decision by the Administrator’’ for ‘‘All questions on claims involving benefits under the laws administered by the Veterans’ Administration’’. Pub. L. 100–687, § 203(a), inserted at end ‘‘The Board shall decide any such appeal only after affording the claimant an opportunity for a hearing. Decisions of the Board shall be based on the enti

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7105

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