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

(a)

In simultaneously contested claims where one is allowed and one rejected, the time allowed 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 agency 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 disagreement 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 concerned, and such action shall constitute sufficient evidence of notice.

Pub. L. 87–666, § 1Sept. 19, 196276 Stat. 554 Pub. L. 102–40, title IV, § 402(b)(1)May 7, 1991105 Stat. 238 Pub. L. 115–55, § 2(r)Aug. 23, 2017131 Stat. 1112 Pub. L. 117–168, title VIII, § 807(a)(7)Aug. 10, 2022136 Stat. 1806(Added , , , § 4005A; renumbered § 7105A and amended , (d)(1), , , 239; , , ; , , .)

Editorial Notes

Prior Provisions

section 4007 of this title Pub. L. 87–666Provisions similar to those comprising this section were contained in former , prior to the general amendment of sections 4005 to 4007 by .

Amendments

Pub. L. 117–1682022—Subsec. (a). substituted “issued” for “mailed”.

Pub. L. 115–552017—Subsec. (b). amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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 disagreement 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 interests of the other parties involved. The substance of the appeal will be communicated to the other party or parties in interest and a period of thirty days will be allowed for filing a brief or argument in answer thereto. Such notice shall be forwarded to the last known address of record of the parties concerned, and such action shall constitute sufficient evidence of notice.”

Pub. L. 102–40 section 4005A of this title1991— renumbered as this section and substituted “7105” for “4005” in subsec. (b).

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

Jan. 1, 1963section 3 of Pub. L. 87–666 section 7105 of this titleSection effective , see , set out as a note under .

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 .