§7113 — Title 38 Veterans' Benefits | U.S. Code

Summary

Limits what the Board of Veterans’ Appeals can look at when it reviews an appeal. If the veteran did not ask for a hearing in the notice of disagreement and did not ask for a chance to submit more evidence, the Board must only use the documents that were in the file when the local VA office made its decision. If the veteran asked for a hearing when filing the notice of disagreement, the Board still uses the file as it was at the local decision, but it also must consider any evidence given at the hearing and anything the veteran or their representative sends within 90 days after the hearing. If no hearing was asked for but the veteran did ask for time to submit evidence, the Board also must consider evidence sent with the notice of disagreement and anything sent within 90 days after the VA received that notice.

Title 38, §7113

Veterans' Benefits — Source: USLM XML via OLRC

(a)For cases in which a hearing before the Board of Veterans’ Appeals is not requested in the notice of disagreement and no request was made to submit evidence, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.

(b)(1)Except as provided in paragraph (2), for cases in which a hearing is requested in the notice of disagreement, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.

(2)The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:

(A)Evidence submitted by the appellant and his or her representative, if any, at the Board hearing.

(B)Evidence submitted by the appellant and his or her representative, if any, within 90 days following the Board hearing.

(c)(1)Except as provided in paragraph (2), for cases in which a hearing is not requested in the notice of disagreement but an opportunity to submit evidence is requested, the evidentiary record before the Board shall be limited to the evidence considered by the agency of original jurisdiction in the decision on appeal.

(2)The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:

(A)Evidence submitted by the appellant and his or her representative, if any, with the notice of disagreement.

(B)Evidence submitted by the appellant and his or her representative, if any, within 90 days following receipt of the notice of disagreement.

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.

§7113 Evidentiary Record Before the Board of Veterans’ Appeals

Summary

Title 38, §7113

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata