38 U.S.C. § 7104 | Jurisdiction of the Board; decisions; notice

(a)

section 511(a) of this title All questions in a matter which under 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)

section 5108 of this title Except as provided in , 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)

section 7113 of this title reflecting whether evidence was not considered in making the decision because the evidence was received at a time when not permitted under ; 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)

section 5100 of this title After reaching a decision on an appeal, the Board shall promptly issue notice (as that term is defined in ) of such decision to the following:

(1)

The appellant.

(2)

Any other party with a right to notice of such decision.

(3)

Any authorized representative of the appellant or party described in paragraph (2).

(f)

(1)

The Secretary may provide notice under subsection (e) electronically if a claimant (or the claimant’s representative) elects to receive such notice electronically.

(2)

A claimant (or the claimant’s representative) may revoke such an election at any time, by means prescribed by the Secretary.

Pub. L. 85–857Sept. 2, 195872 Stat. 1241 Pub. L. 87–97, § 1July 20, 196175 Stat. 215 Pub. L. 100–687, div. A, title I, § 101(b)Nov. 18, 1988102 Stat. 4106 Pub. L. 102–40, title IV, § 402(b)(1)May 7, 1991105 Stat. 238 Pub. L. 102–54, § 14(g)(2)June 13, 1991105 Stat. 288 Pub. L. 102–83, § 4(a)(3)Aug. 6, 1991105 Stat. 404–406 Pub. L. 103–271July 1, 1994108 Stat. 743 Pub. L. 104–275, title V, § 509Oct. 9, 1996110 Stat. 3344 Pub. L. 115–55, § 2(p)Aug. 23, 2017131 Stat. 1111 Pub. L. 117–168, title VIII, § 807(a)(5)Aug. 10, 2022136 Stat. 1806 (, , , § 4004; , , ; , title II, §§ 203(a), 204, 205, , , 4110, 4111; renumbered § 7104 and amended , (d)(1), , , 239; , , ; , (4), (b)(1), (2)(E), (c), , ; , §§ 7(b)(1), 8, , ; , , ; , (w)(2), , , 1114; , , .)

Editorial Notes

Amendments

Pub. L. 117–168, § 807(a)(5)(A)2022—, inserted “; decisions; notice” after “Board” in section catchline.

Pub. L. 117–168, § 807(a)(5)(B)Subsecs. (e), (f). , added subsecs. (e) and (f) and struck out former subsec. (e) which related to mailing a copy of a written decision to the claimant or mailing or otherwise sending a copy to an authorized representative of the claimant.

Pub. L. 115–55, § 2(p)2017—Subsec. (b). , substituted “readjudicated” for “reopened”.

Pub. L. 115–55, § 2(w)(2)Subsec. (d)(2), (3). , added par. (2) and redesignated former par. (2) as (3).

Pub. L. 104–2751996—Subsec. (e). amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “After reaching a decision in a case, the Board shall promptly mail a copy of its written decision to the claimant and the claimant’s authorized representative (if any) at the last known address of the claimant and at the last known address of such representative (if any).”

Pub. L. 103–271, § 81994—Subsec. (a). , substituted “511(a)” for “211(a)”.

Pub. L. 103–271, § 7(b)(1), struck out after second sentence “The Board shall decide any such appeal only after affording the claimant an opportunity for a hearing.”

Pub. L. 102–40, § 402(b)(1)section 4004 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 4(b)(1)Subsec. (a). , (2)(E), substituted “Secretary” for “Administrator” in two places.

Pub. L. 102–54 Pub. L. 100–687, § 101(b) made a technical correction to . See 1988 Amendment note below.

Pub. L. 102–40, § 402(d)(1)Subsec. (b). , substituted “5108” for “3008”.

Pub. L. 102–83, § 4(c)Subsec. (c). , substituted “chief legal officer of the Department” for “chief law officer”.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Pub. L. 100–687, § 101(b)Pub. L. 102–54 section 211(a) of this title1988—Subsec. (a). , as amended by , substituted “All questions in a matter which under is subject to decision by the Administrator” for “All questions on claims involving benefits under the laws administered by the Veterans’ Administration”.

Pub. L. 100–687, § 203(a), inserted at end “The Board shall decide any such appeal only after affording the claimant an opportunity for a hearing. 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.”

Pub. L. 100–687, § 204Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “When a claim is disallowed by the Board, it may not thereafter be reopened and allowed, and no claim based upon the same factual basis shall be considered; however, where subsequent to disallowance of a claim, new and material evidence in the form of official reports from the proper service department is secured, the Board may authorize the reopening of the claim and review of the former decision.”

Pub. L. 100–687, § 205Subsecs. (d), (e). , added subsecs. (d) and (e) and struck out former subsec. (d) which read as follows: “The decisions of the Board shall be in writing and shall contain findings of fact and conclusions of law separately stated.”

Pub. L. 87–971961—Subsec. (d). added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–55 section 5104 of this titleAug. 23, 2017Pub. L. 115–55 section 2(x) of Pub. L. 115–55 section 101 of this titleAmendment by applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under 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 of 1991 Amendment

Pub. L. 102–54, § 14(g)(2)June 13, 1991105 Stat. 288 Nov. 18, 1988, , , provided that the amendment made by that section is effective .

Effective Date of 1988 Amendment

Pub. L. 100–687Sept. 1, 1989Pub. L. 100–687Jan. 1, 1989Pub. L. 100–687 section 7251 of this titleAmendment by sections 101(b) and 204 of effective , and amendment by sections 203(a) and 205 of effective , see section 401(a), (d) of , as amended, set out as an Effective Date note under .

Effective Date of 1961 Amendment

Pub. L. 87–97, § 2July 20, 196175 Stat. 215

January 1, 1962“The amendment made by this Act [amending this section] shall take effect as of .”

, , , provided that:

Rule of Construction

Pub. L. 117–168 section 5104(a) of this title section 807(b) of Pub. L. 117–168 section 5100 of this titleAmendment by not to be construed to apply to decisions of the Board of Veterans’ Appeals under chapter 71 of this title, see , set out as a note under .