§ 5109B. Expedited treatment of returned and remanded claims

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2003

   Veterans Benefits Act of 2003

   Pub. L. 108–183 title VII § 707(a)(1) · 117 Stat. 2651

   Enacted · 38 U.S.C. § 5109B

   Added Pub. L. 108–183, title VII, § 707(a)(1), Dec. 16, 2003, 117 Stat. 2672

   Source evidence

   Code source credit
   Added Pub. L. 108–183, title VII, § 707(a)(1), Dec. 16, 2003, 117 Stat. 2672

   Enacted provision · exact public law section
   (1) Chapter 51 is amended by adding at the end of subchapter I the following new section: “§ 5109B. Expedited treatment of remanded claims   “The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the appropriate regional office of the Veterans Benefits Administration of any claim that is remanded to a regional office of the Veterans Benefits Administration by the Board of Veterans’ Appeals.” .

2. 2017

   Veterans Appeals Improvement and Modernization Act of 2017

   Pub. L. 115–55 § 2(k)(1) · 131 Stat. 1105

   Amended · 38 U.S.C. § 5109B

   Pub. L. 115–55, § 2(k)(1), amended section generally. Prior to amendment, text read as follows: “The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the appropriate regional office of the Veterans Benefits Administration of any claim that is remanded to a regional office of the Veterans Benefits Administration by the Board of Veterans’ Appeals.”

   Source evidence

   Code amendment note
   Pub. L. 115–55, § 2(k)(1), amended section generally. Prior to amendment, text read as follows: “The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the appropriate regional office of the Veterans Benefits Administration of any claim that is remanded to a regional office of the Veterans Benefits Administration by the Board of Veterans’ Appeals.”

   Enacted provision · exact public law section
   (1) In general.— Section 5109B of such title is amended to read as follows: “§ 5109B. Expedited treatment of returned and remanded claims   “The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Veterans Benefits Administration of any claim that is returned by a higher-level adjudicator under section 5104B of this title or remanded by the Board of Veterans’ Appeals.” .

   Effective date note
   Amendment by Pub. L. 115–55 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 a note under section 101 of this title, and bracketed note thereunder.

2 of 2 references resolved to an enrolled provision