38 U.S.C. § 7105

Editorial Notes

Amendments

Pub. L. 117–1682022—Subsec. (b)(1)(A). substituted “issuance” for “mailing”.

Pub. L. 115–55, § 2(q)(1)(F)2017—, struck out “notice of disagreement and” before “appeal” in section catchline.

Pub. L. 115–55, § 2(q)(1)(A)Subsec. (a). , substituted “Appellate review shall be initiated by the filing of a notice of disagreement in the form prescribed by the Secretary.” for “Appellate review will be initiated by a notice of disagreement and completed by a substantive appeal after a statement of the case is furnished as prescribed in this section.”

Pub. L. 115–55, § 2(q)(1)(B)Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

“(1) Except in the case of simultaneously contested claims, notice of disagreement shall be filed within one year from the date of mailing of notice of the result of initial review or determination. Such notice, and appeals, must be in writing and be filed with the activity which entered the determination with which disagreement is expressed (hereinafter referred to as the “agency of original jurisdiction”). A notice of disagreement postmarked before the expiration of the one-year period will be accepted as timely filed.

“(2) Notices of disagreement, and appeals, must be in writing and may be filed by the claimant, the claimant’s legal guardian, or such accredited representative, attorney, or authorized agent as may be selected by the claimant or legal guardian. Not more than one recognized organization, attorney, or agent will be recognized at any one time in the prosecution of a claim.”

Pub. L. 115–55, § 2(q)(1)(C)Subsec. (c). , amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “If no notice of disagreement is filed in accordance with this chapter within the prescribed period, the action or determination shall become final and the claim will not thereafter be reopened or allowed, except as may otherwise be provided by regulations not inconsistent with this title.”

Pub. L. 115–55, § 2(q)(1)(D)Subsec. (d). , added subsec. (d) and struck out former subsec. (d) which related to development and review actions, statement of the case, and dismissal of appeal.

Pub. L. 115–55, § 2(q)(1)(E)Subsec. (e). , struck out subsec. (e) which read as follows:

“(1) If, either at the time or after the agency of original jurisdiction receives a substantive appeal, the claimant or the claimant’s representative, if any, submits evidence to either the agency of original jurisdiction or the Board of Veterans’ Appeals for consideration in connection with the issue or issues with which disagreement has been expressed, such evidence shall be subject to initial review by the Board unless the claimant or the claimant’s representative, as the case may be, requests in writing that the agency of original jurisdiction initially review such evidence.

“(2) A request for review of evidence under paragraph (1) shall accompany the submittal of the evidence.”

Pub. L. 112–1542012—Subsec. (e). added subsec. (e).

Pub. L. 107–142001—Subsec. (b)(1). substituted “hereinafter” for “hereafter”.

Pub. L. 102–40, § 402(b)(1)section 4005 of this title1991—, renumbered as this section.

Pub. L. 102–83Subsec. (a). substituted “Secretary” for “Administrator”.

Pub. L. 102–40, § 402(d)(1)Subsec. (d)(2). , substituted “5701” for “3301”.

Pub. L. 100–687, § 206(a)1988—Subsec. (d)(1). , substituted “shall prepare a statement of the case. A statement of the case shall include the following:” for “will prepare a statement of the case consisting of—”, added subpars. (A) to (C), and struck out former subpars. (A) to (C) which read as follows:

“(A) A summary of the evidence in the case pertinent to the issue or issues with which disagreement has been expressed;

“(B) A citation or discussion of the pertinent law, regulations, and, where applicable, the provisions of the Schedule for Rating Disabilities;

“(C) The decision on such issue or issues and a summary of the reasons therefor.”

Pub. L. 100–687, § 206(b)Subsec. (d)(4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The appellant will be presumed to be in agreement with any statement of fact contained in the statement of the case to which no exception is taken.”

Pub. L. 100–687, § 203(b)Subsec. (d)(5). , struck out “will base its decision on the entire record and” after “of Veterans’ Appeals”.

Pub. L. 99–576, § 701(85)1986—Subsec. (b)(2). , substituted “the claimant’s” for “his” and “the claimant or legal guardian” for “him”.

Pub. L. 99–576, § 701(85)(A)Subsec. (d)(1), (3). , substituted “the claimant’s” for “his”.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–55section 5104 of this titleAug. 23, 2017Pub. 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 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 2012 Amendment

Pub. L. 112–154, title V, § 501(b)Aug. 6, 2012126 Stat. 1190

Effective Date of 1988 Amendment

Pub. L. 100–687Jan. 1, 1989section 401(d) of Pub. L. 100–687section 7251 of this titleAmendment by effective , see set out as an Effective Date note under .

Effective Date

Pub. L. 87–666, § 3Sept. 19, 196276 Stat. 554

Rule of Construction

Pub. L. 117–168section 5104(a) of this titlesection 807(b) of Pub. L. 117–168section 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 .