§5104C — Title 38 Veterans' Benefits | U.S. Code

Summary

When the VA decides a claim, the person who filed the claim has one year from that decision to do one of three things: ask for a higher-level review, file a supplemental claim, or file a notice of disagreement. Once they start one of those actions, they cannot start a different one for the same claim or the same issue until the first is decided or they withdraw it. They can take actions in sequence after one is finished, and they can take different actions for different claims or issues. The VA may set rules for withdrawing and switching actions before a decision. If more than one year has passed since the VA’s decision, the person may still file a supplemental claim.

Title 38, §5104C

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)Subject to paragraph (2), in any case in which the Secretary renders a decision on a claim, the claimant may take any of the following actions on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision with respect to that claim:

(A)File a request for higher-level review under section 5104B of this title.

(B)File a supplemental claim under section 5108 of this title.

(C)File a notice of disagreement under section 7105 of this title.

(2)(A)Once a claimant takes an action set forth in paragraph (1), the claimant may not take another action set forth in that paragraph with respect to the same claim or same issue contained within the claim until—

(i)the higher-level review, supplemental claim, or notice of disagreement is adjudicated; or

(ii)the request for higher-level review, supplemental claim, or notice of disagreement is withdrawn.

(B)Nothing in this subsection shall prohibit a claimant from taking any of the actions set forth in paragraph (1) in succession with respect to a claim or an issue contained within the claim.

(C)Nothing in this subsection shall prohibit a claimant from taking different actions set forth in paragraph (1) with respect to different claims or different issues contained within a claim.

(D)The Secretary may, as the Secretary considers appropriate, develop and implement a policy for claimants who—

(i)take an action under paragraph (1);

(ii)wish to withdraw the action before the higher-level review, supplemental claim, or notice of disagreement is adjudicated; and

(iii)in lieu of such action take a different action under paragraph (1).

(b)In any case in which the Secretary renders a decision on a claim and more than one year has passed since the date on which the agency of original jurisdiction issues a decision with respect to that claim, the claimant may file a supplemental claim under section 5108 of this title.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 address appeals of decisions on legacy claims, with provision for early applicability 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.

§5104C Options following decision by agency of original jurisdiction

Summary

Title 38, §5104C

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata