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38 U.S.C. § 7104 — Jurisdiction of the Board; decisions; notice
Federal law — U.S. Code and appendices · legal_authorities
**(a)** All questions in a matter which under [section 511(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section511/a&num=0&edition=prelim) is subject to decision by the Secretary shall be subject to one review on appeal to the Secretary. Final decisions on such appeals shall be made by the Board. Decisions of the Board shall be based on the entire record in the proceeding and upon consideration of all evidence and material of record and applicable provisions of law and regulation.
**(b)** Except as provided in [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim), when a claim is disallowed by the Board, the claim may not thereafter be readjudicated and allowed and a claim based upon the same factual basis may not be considered.
**(c)** The Board shall be bound in its decisions by the regulations of the Department, instructions of the Secretary, and the precedent opinions of the chief legal officer of the Department.
**(d)** Each decision of the Board shall include—
(1) a written statement of the Board’s findings and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the record;
(2) a general statement—
(A) reflecting whether evidence was not considered in making the decision because the evidence was received at a time when not permitted under [section 7113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7113&num=0&edition=prelim); and
(B) noting such options as may be available for having the evidence considered by the Department; and
(3) an order granting appropriate relief or denying relief.
**(e)** After reaching a deci
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Stable record: federal_law:legal_authorities:record_usc_64e50e43efc445b11b975a5e
Source file: Laws/federal/codes/united-states-code/title-38/section-7104-jurisdiction-of-the-board-decisions-notice--c8db836855.md
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Source location: Title 38, Chapter 71, § 7104; chapter-071-board-of-veterans-appeals.md
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**(a)** All questions in a matter which under [section 511(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section511/a&num=0&edition=prelim) is subject to decision by the Secretary shall be subject to one review on appeal to the Secretary. Final decisions on such appeals shall be made by the Board. Decisions of the Board shall be based on the entire record in the proceeding and upon consideration of all evidence and material of record and applicable provisions of law and regulation.
**(b)** Except as provided in [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim), when a claim is disallowed by the Board, the claim may not thereafter be readjudicated and allowed and a claim based upon the same factual basis may not be considered.
**(c)** The Board shall be bound in its decisions by the regulations of the Department, instructions of the Secretary, and the precedent opinions of the chief legal officer of the Department.
**(d)** Each decision of the Board shall include—
(1) a written statement of the Board’s findings and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the record;
(2) a general statement—
(A) reflecting whether evidence was not considered in making the decision because the evidence was received at a time when not permitted under [section 7113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7113&num=0&edition=prelim); and
(B) noting such options as may be available for having the evidence considered by the Department; and
(3) an order granting appropriate relief or denying relief.
**(e)** After reaching a decision on an appeal, the Board shall promptly issue notice (as that term is defined in [section 5100 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5100&num=0&edition=prelim)) of such decision to the following:
(1) The appellant.
(2) Any other party with a right to notice of such decision.
(3) Any authorized representative of the appellant or party described in paragraph (2).
**(f)**
(1) The Secretary may provide notice under subsection (e) electronically if a claimant (or the claimant’s representative) elects to receive such notice electronically.
(2) A claimant (or the claimant’s representative) may revoke such an election at any time, by means prescribed by the Secretary.
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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
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7251
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5108
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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
**(a) Cases With No Request for a Hearing or Additional Evidence.—** For cases in which a hearing before the Board of Veterans’ Appeals is not requested in the notice of disagreement and no request was made to submit evidence, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.
**(b) Cases With a Request for a Hearing.—**
(1) Except as provided in paragraph (2), for cases in which a hearing is requested in the notice of disagreement, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.
(2) The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:
(A) Evidence submitted by the appellant and his or her representative, if any, at the Board hearing.
(B) Evidence submitted by the appellant and his or her representative, if any, within 90 days following the Board hearing.
**(c) Cases With No Request for a Hearing and With a Request for Additional Evidence.—**
(1) Except as provided in paragraph (2), for cases in which a hearing is not requested in the notice of disagreement but an opportunity to submit evidence is requested, the evidentiary record before the Board shall be limited to the evidence considered by the agency of original jurisdiction in the decision on appeal.
(2) The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:
(A) Evidence submitted by the appellant and his or her representative, if any, with the notice of dis
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Recognition.—**
(1) Except as provided in paragraph (4), the Secretary may recognize any individual as an agent or attorney for the preparation, presentation, and prosecution of claims under laws administered by the Secretary.
(2) The Secretary shall prescribe in regulations (consistent with the Model Rules of Professional Conduct of the American Bar Association) qualifications and standards of conduct for individuals recognized under this section, including a requirement that, as a condition of being so recognized, an individual must—
(A) show that such individual is of good moral character and in good repute, is qualified to render claimants valuable service, and is otherwise competent to assist claimants in presenting claims;
(B) have such level of experience or specialized training as the Secretary shall specify; and
(C) certify to the Secretary that the individual has satisfied any qualifications and standards prescribed by the Secretary under this section.
(3) The Secretary shall prescribe in regulations requirements that each agent or attorney recognized under this section provide annually to the Secretary information about any court, bar, or Federal or State agency to which such agent or attorney is admitted to practice or otherwise authorized to appear, any relevant identification number or numbers, and a certification by such agent or attorney that such agent or attorney is in good standing in every jurisdiction where the agent or attorney is admitted to practice or otherwise authorized to appear.
(4) The Secretary may not recognize an individual as an agent or attorney under paragraph (1) if such individual has been suspended or disbarred by any court, bar, or Federal or State agency to which the individual was previously admitted to practi
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5904
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Federal law — U.S. Code and appendices · legal_authorities
Page 1126
TITLE 38—VETERANS’ BENEFITS
§ 7104
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1241, § 4003;
Pub. L. 100–687, div. A, title II, § 202(a), Nov. 18,
1988, 102 Stat. 4110; renumbered § 7103, Pub. L.
102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat.
238; Pub. L. 103–271, § 6(a), July 1, 1994, 108 Stat.
741; Pub. L. 115–55, § 2(o), Aug. 23, 2017, 131 Stat.
1111.)
Editorial Notes
AMENDMENTS
2017—Subsec. (b)(1). Pub. L. 115–55 substituted ‘‘de-
cided’’ for ‘‘heard’’ in subpars. (A) and (B).
1994—Pub. L. 103–271 amended section generally. Prior
to amendment, text read as follows:
‘‘(a) Decisions by a section of the Board shall be made
by a majority of the members of the section. The deci-
sion of the section is final unless the Chairman orders
reconsideration of the case.
‘‘(b) If the Chairman orders reconsideration in a case,
the case shall upon reconsideration be heard by an ex-
panded section of the Board. When a case is heard by an
expanded section of the Board after such a motion for
reconsideration, the decision of a majority of the mem-
bers of the expanded section shall constitute the final
decision of the Board.
‘‘(c) Notwithstanding subsections (a) and (b) of this
section, the Board on its own motion may correct an
obvious error in the record.’’
1991—Pub. L. 102–40 renumbered section 4003 of this
title as this section.
1988—Pub. L. 100–687, in amending section generally,
added subsec. (a), struck out former subsec. (a) which
provided that determination of section, when unani-
mous, be final determination of Board, added subsec.
(b), struck out former subsec. (b) which provided that
when there is disagreement among members of section,
concurrence of Chairman with majority of members of
section shall constitute final determination
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7104
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