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38 U.S.C. § 7113 — Evidentiary record before the Board of Veterans’ Appeals
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
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Source file: Laws/federal/codes/united-states-code/title-38/section-7113-evidentiary-record-before-the-board-of-veterans-appeals--e69da3be56.md
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Source location: Title 38, Chapter 71, § 7113; chapter-071-board-of-veterans-appeals.md
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**(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 disagreement.
(B) Evidence submitted by the appellant and his or her representative, if any, within 90 days following receipt of the notice of disagreement.
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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 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)** 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7104
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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
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