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38 U.S.C. § 7107 — Appeals: dockets; hearings
Federal law — U.S. Code and appendices · legal_authorities
**(a) Dockets.—**
(1) Subject to paragraph (2), the Board shall maintain at least two separate dockets.
(2) The Board may not maintain more than two separate dockets unless the Board notifies the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of any additional docket, including a justification for maintaining such additional docket.
(3)
(A) The Board may assign to each docket maintained under paragraph (1) such cases as the Board considers appropriate, except that cases described in clause (i) of subparagraph (B) may not be assigned to any docket to which cases described in clause (ii) of such paragraph are assigned.
(B) Cases described in this paragraph are the following:
(i) Cases in which no Board hearing is requested.
(ii) Cases in which a Board hearing is requested in the notice of disagreement.
(4) Except as provided in subsection (b), each case before the Board will be decided in regular order according to its respective place on the docket to which it is assigned by the Board.
**(b) Advancement on the Docket.—**
(1) A case on one of the dockets of the Board maintained under subsection (a) may, for cause shown, be advanced on motion for earlier consideration and determination.
(2) Any such motion shall set forth succinctly the grounds upon which the motion is based.
(3) Such a motion may be granted only—
(A) if the case involves interpretation of law of general application affecting other claims;
(B) if the appellant is seriously ill or is under severe financial hardship; or
(C) for other sufficient cause shown.
**(c) Manner and Scheduling of Hearings for Cases on a Docket That May Include a Hearing.—**
(1) For cases on a docket maintained by the Board under su
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Source location: Title 38, Chapter 71, § 7107; chapter-071-board-of-veterans-appeals.md
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**(a) Dockets.—**
(1) Subject to paragraph (2), the Board shall maintain at least two separate dockets.
(2) The Board may not maintain more than two separate dockets unless the Board notifies the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of any additional docket, including a justification for maintaining such additional docket.
(3)
(A) The Board may assign to each docket maintained under paragraph (1) such cases as the Board considers appropriate, except that cases described in clause (i) of subparagraph (B) may not be assigned to any docket to which cases described in clause (ii) of such paragraph are assigned.
(B) Cases described in this paragraph are the following:
(i) Cases in which no Board hearing is requested.
(ii) Cases in which a Board hearing is requested in the notice of disagreement.
(4) Except as provided in subsection (b), each case before the Board will be decided in regular order according to its respective place on the docket to which it is assigned by the Board.
**(b) Advancement on the Docket.—**
(1) A case on one of the dockets of the Board maintained under subsection (a) may, for cause shown, be advanced on motion for earlier consideration and determination.
(2) Any such motion shall set forth succinctly the grounds upon which the motion is based.
(3) Such a motion may be granted only—
(A) if the case involves interpretation of law of general application affecting other claims;
(B) if the appellant is seriously ill or is under severe financial hardship; or
(C) for other sufficient cause shown.
**(c) Manner and Scheduling of Hearings for Cases on a Docket That May Include a Hearing.—**
(1) For cases on a docket maintained by the Board under subsection (a) that may include a hearing, in which a hearing is requested in the notice of disagreement, the Board shall notify the appellant whether a Board hearing will be held—
(A) at its principal location; or
(B) by picture and voice transmission at a facility of the Department where the Secretary has provided suitable facilities and equipment to conduct such hearings.
(2)
(A) Upon notification of a Board hearing at the Board’s principal location as described in subparagraph (A) of paragraph (1), the appellant may alternatively request a hearing as described in subparagraph (B) of such paragraph or subparagraph (C) of this paragraph. If so requested, the Board shall grant such request.
(B) Upon notification of a Board hearing by picture and voice transmission as described in subparagraph (B) of paragraph (1), the appellant may alternatively request a hearing as described in subparagraph (A) of such paragraph or subparagraph (C) of this paragraph. If so requested, the Board shall grant such request.
(C)
(i) Upon notification of a Board hearing under subparagraph (A) or (B) of paragraph (1), the appellant may alternatively request a hearing by picture and voice transmission—
(I) at a location selected by the appellant; and
(II) via a secure internet platform established and maintained by the Secretary that protects sensitive personal information from a data breach.
(ii) If an appellant makes a request under clause (i), the Board shall grant such request.
**(d) Screening of Cases.—** Nothing in this section shall be construed to preclude the screening of cases for purposes of—
(1) determining the adequacy of the record for decisional purposes; or
(2) the development, or attempted development, of a record found to be inadequate for decisional purposes.
**(e) Policy on Changing Dockets.—** The Secretary shall develop and implement a policy allowing an appellant to move the appellant’s case from one docket to another docket.
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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
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In carrying out medical and prosthetic research under [section 7303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7303&num=0&edition=prelim), the Secretary, through the Under Secretary for Health, shall provide for special emphasis on the research and development of adaptive equipment and adapted conveyances (including vans) meeting standards of safety and quality prescribed under subsection (d) of section 3903, including support for the production and distribution of devices and conveyances so developed.
**(b)** In carrying out subsection (a) of this section, the Secretary, through the Under Secretary for Health, shall consult and cooperate with the Secretary of Health and Human Services and the Secretary of Education, in connection with programs carried out under section 204(b)(3) of the Rehabilitation Act of 1973 (relating to the establishment and support of Rehabilitation Engineering Research Centers).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) Except as provided in subparagraph (B), a specific claim in the form prescribed by the Secretary (or jointly with the Commissioner of Social Security, as prescribed by [section 5105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5105&num=0&edition=prelim)) must be filed in order for benefits to be paid or furnished to any individual under the laws administered by the Secretary.
(B)
(i) The Secretary may pay benefits under chapters 13 and 15 and sections 2303, 2307, and 5121 of this title to a survivor of a veteran who has not filed a formal claim if the Secretary determines that the record contains sufficient evidence to establish the entitlement of the survivor to such benefits.
(ii) For purposes of this subparagraph and [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim), the earlier of the following dates shall be treated as the date of the receipt of the survivor’s application for benefits described in clause (i):
(I) The date on which the survivor of a veteran (or the representative of such a survivor) notifies the Secretary of the death of the veteran through a death certificate or other relevant evidence that establishes entitlement to survivors’ benefits identified in clause (i).
(II) The head of any other department or agency of the Federal Government notifies the Secretary of the death of the veteran.
(iii) In notifying the Secretary of the death of a veteran as described in clause (ii)(I), the survivor (or the representative of such a survivor) may submit to the Secretary additional documents relating to such death without being required to file a formal claim.
(2) If an individual has
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Federal law — U.S. Code and appendices · legal_authorities
Page 1129
TITLE 38—VETERANS’ BENEFITS
§ 7107
EFFECTIVE DATE
Pub. L. 87–666, § 3, Sept. 19, 1962, 76 Stat. 554, provided
that: ‘‘The amendments made by this Act [enacting
sections 4005, 4005A, and 4006 [now 7105, 7105A, and 7106]
of this title, redesignating former section 4006 as 4007
[now 7107] of this title, and repealing former sections
4005 and 4007 of this title] shall be effective January 1,
1963.’’
RULE OF CONSTRUCTION
Amendment by Pub. L. 117–168 not to be construed to
apply section 5104(a) of this title to decisions of the
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.
§ 7105A. Simultaneously contested claims
(a) In simultaneously contested claims where
one is allowed and one rejected, the time al-
lowed 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 agen-
cy 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 disagree-
ment 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 con-
cerned, and such action shall constitute suffi-
cient evidence of notice.
(Added Pub. L. 87–666, § 1, Sept. 19, 1962, 76 Stat.
554, § 4005A; renumbered § 7105A and amended
Pub. L. 102–40, title IV, § 402(b)(1),
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