38 U.S.C. § 7105A — Simultaneously contested claims

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), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 115–55, § 2(r), Aug. 23, 2017, 131 Stat. 1112; Pub. L. 117–168, title VIII, § 807(a)(7), Aug. 10, 2022, 136 Stat. 1806.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in former section 4007 of this title, prior to the general amendment of sections 4005 to 4007 by Pub. L. 87–666. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–168 substituted ‘‘issued’’ for ‘‘mailed’’. 2017—Subsec. (b). Pub. L. 115–55 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘Upon the filing of a notice of disagreement, all parties in interest will be furnished with a statement of the case in the same manner as is prescribed in section 7105. The party in interest who filed a notice of dis- agreement will be allowed thirty days from the date of mailing of such statement of the case in which to file a formal appeal. Extension of time may be granted for good cause shown but with consideration to the inter- ests of the other parties involved. The substance of the appeal will be communicated to the other party or par- ties in interest and a period of thirty days will be al- lowed for filing a brief or argument in answer thereto. Such notice shall be forwarded to the last known ad- dress of record of the parties concerned, and such ac- tion shall constitute sufficient evidence of notice.’’ 1991—Pub. L. 102–40 renumbered section 4005A of this title as this section and substituted ‘‘7105’’ for ‘‘4005’’ in subsec. (b). 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 effective Jan. 1, 1963, see section 3 of Pub. L. 87–666, set out as a note under section 7105 of this title. 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. [§ 7106. Repealed. Pub. L. 115–55, § 2(s)(1), Aug. 23, 2017, 131 Stat. 1112] Section, added Pub. L. 87–666, § 1, Sept. 19, 1962, 76 Stat. 554, § 4006; renumbered § 7106 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405, related to application for admin- istrative appeals. Provisions similar to those comprising this section were contained in subsec. (c)(2) of former section 4005 of this title, prior to the general amendment of sections 4005 to 4007 by Pub. L. 87–666. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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. § 7107. Appeals: dockets; hearings (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 Sen- ate 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.