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38 U.S.C. § 5104B — Higher-level review by the agency of original jurisdiction
Federal law — U.S. Code and appendices · legal_authorities
**(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 request for higher-level review by the agency of original jurisdiction shall be—
(A) in writing in such form as the Secretary may prescribe; and
(B) made within one year of the notice of the agency of original jurisdiction’s decision.
(2) Such request may specifically indicate whether such review is requested by a higher-level adjudicator at the same office within the agency of original jurisdiction or by an adjudicator at a different office of the agency of original jurisdiction. The Secretary shall not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause.
**(c) Decision.—** Notice of a higher-level review decision under this section shall be provided to the claimant (and any representative of such claimant) and shall include a general statement—
(1) reflecting whether evidence was not considered pursuant to subsection (d); and
(2) noting the options available to the claimant to have the evidence described in paragraph (1), if any, considered by the Department.
**(d) Evidentiary Record for Review.—** The evidentiary record before the higher-level adjudicator shall be limited to the evidence of record in the agency of original jurisdiction decision being reviewed.
**(e) De Novo Review.—** A review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction shall be de novo.
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Source file: Laws/federal/codes/united-states-code/title-38/section-5104b-higher-level-review-by-the-agency-of-original-jurisdiction--41bea6fee9.md
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Source location: Title 38, Chapter 51, § 5104B; chapter-051-claims-effective-dates-and-payments.md
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**(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 request for higher-level review by the agency of original jurisdiction shall be—
(A) in writing in such form as the Secretary may prescribe; and
(B) made within one year of the notice of the agency of original jurisdiction’s decision.
(2) Such request may specifically indicate whether such review is requested by a higher-level adjudicator at the same office within the agency of original jurisdiction or by an adjudicator at a different office of the agency of original jurisdiction. The Secretary shall not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause.
**(c) Decision.—** Notice of a higher-level review decision under this section shall be provided to the claimant (and any representative of such claimant) and shall include a general statement—
(1) reflecting whether evidence was not considered pursuant to subsection (d); and
(2) noting the options available to the claimant to have the evidence described in paragraph (1), if any, considered by the Department.
**(d) Evidentiary Record for Review.—** The evidentiary record before the higher-level adjudicator shall be limited to the evidence of record in the agency of original jurisdiction decision being reviewed.
**(e) De Novo Review.—** A review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction shall be de novo.
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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
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
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. § 5104B
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