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38 U.S.C. § 5104C — Options following decision by agency of original jurisdiction
Federal law — U.S. Code and appendices · legal_authorities
**(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(ii) the request for higher-level review, supplemental claim, or notice of disagreement is withdrawn.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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Source file: Laws/federal/codes/united-states-code/title-38/section-5104c-options-following-decision-by-agency-of-original-jurisdiction--43a22e002d.md
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Source location: Title 38, Chapter 51, § 5104C; chapter-051-claims-effective-dates-and-payments.md
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**(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—
(i) take an action under paragraph (1);
(ii) wish to withdraw the action before the higher-level review, supplemental claim, or notice of disagreement is adjudicated; and
(iii) in lieu of such action take a different action under paragraph (1).
**(b) More Than One Year After Decision.—** In any case in which the Secretary renders a decision on a claim and more than one year has passed since the date on which the agency of original jurisdiction issues a decision with respect to that claim, the claimant may 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).
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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
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
Page 1037
TITLE 38—VETERANS’ BENEFITS
§ 5104C
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.
§ 5104A. Binding nature of favorable findings
Any finding favorable to the claimant as de-
scribed in section 5104(b)(4) of this title shall be
binding on all subsequent adjudicators within
the Department, unless clear and convincing
evidence is shown to the contrary to rebut such
favorable finding.
(Added Pub. L. 115–55, § 2(f)(1), Aug. 23, 2017, 131
Stat. 1107.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable to all claims for which the Sec-
retary 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 certifi-
cation of certain capabilities of the Department of Vet-
erans Affairs to carry out the new appeals system es-
tablished by Pub. L. 115–55 and to address appeals of de-
cisions on legacy claims, with provision for early appli-
cability of the new appeals system to certain claims,
see section 2(x) of Pub. L. 115–55, set out as an Effective
Date of 2017 Amendment note under section 101 of this
title, and bracketed note thereunder.
§ 5104B. Higher-level review by the agency of
original jurisdiction
(a) IN GENERAL.—(1) A claimant may request a
review of the decision of the agency of original
jurisdiction by a higher-level adjudicator within
the agency of original jurisdiction.
(2) The Secretary shall approve each request
for review under paragraph (1).
(b) TIME AND MANNER OF REQUEST.—(1) A re-
quest for higher-level review by the agency of
original jurisdiction shall
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5104C
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