US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 5104

Decisions and notices of decisions

(a)
section 511 of this title In the case of a decision by the Secretary under 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.

Pub. L. 101–237, title I, § 115(a)(1)103 Stat. 2065Pub. L. 102–40, title IV, § 402(b)(1)105 Stat. 238Pub. L. 102–54, § 14(d)(1)105 Stat. 285Pub. L. 103–446, title XII, § 1201(d)(15)108 Stat. 4684Pub. L. 115–55, § 2(e)131 Stat. 1106Pub. L. 117–168, title VIII, § 807(a)(2)136 Stat. 1806(Added , , , § 3004; renumbered § 5104, , , ; amended , , ; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

section 8304 of this titlePrior section 5104 was renumbered .

Amendments

Pub. L. 117–1682022—Subsecs. (c), (d). added subsecs. (c) and (d).

Pub. L. 115–552017—Subsec. (b). amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “In any case where the Secretary denies a benefit sought, the notice required by subsection (a) shall also include (1) a statement of the reasons for the decision, and (2) a summary of the evidence considered by the Secretary.”

Pub. L. 103–4461994—Subsec. (a). substituted “section 511” for “section 211(a)”.

Pub. L. 102–40section 3004 of this title1991— renumbered as this section.

Pub. L. 102–54Pub. L. 102–40 amended section as in effect immediately before enactment of by striking out “(1)” after “(a)” and substituting “(b)” for “(2)”, “subsection (a)” for “paragraph (1) of this subsection”, “(1)” for “(A)”, and “(2)” for “(B)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–55Pub. L. 115–55section 2(x) of Pub. L. 115–55section 101 of this titleAmendment by applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under this section on or after the later of 540 days after , 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 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see , set out as a note under , and bracketed note thereunder.

Effective Date

Pub. L. 101–237, title I, § 115(b)103 Stat. 2066

“Section 3004 [now 5104] of title 38, United States Code, as added by subsection (a), shall apply with respect to decisions by the Secretary of Veterans Affairs made after .”
, , , provided that:

Rule of Construction

Pub. L. 117–168section 807(b) of Pub. L. 117–168section 5100 of this titleAmendment by not to be construed to apply subsec. (a) of this section to decisions of the Board of Veterans’ Appeals under chapter 71 of this title, see , set out as a note under .