§ 5904. Recognition of agents and attorneys generally

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. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 5904

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1238, § 3404

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1238, § 3404

2. 1986

   Pub. L. 99–576 title VII § 701(80) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 5904(b)

   Pub. L. 99–576 substituted “the Administrator” for “he” in introductory text

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–576 substituted “the Administrator” for “he” in introductory text.

   Enacted provision · exact public law section
   (80) Section 3404(b) is amended by striking out “he” and inserting in lieu thereof “the Administrator”.

3. 1988

   Pub. L. 100–687 div. A title I § 104(a) · 102 Stat. 4105

   1. Added · 38 U.S.C. § 5904(c); 38 U.S.C. § 5904(d)

      Pub. L. 100–687 added subsecs. (c) and (d)

   2. Struck · 38 U.S.C. § 5904(c); 38 U.S.C. § 5904(d)

      Pub. L. 100–687 struck out former subsec. (c) which read as follows: “The Administrator shall determine and pay fees to agents or attorneys recognized under this section in allowed claims for monetary benefits under laws administered by the Veterans’ Administration. Such fees—

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 100–687 added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: “The Administrator shall determine and pay fees to agents or attorneys recognized under this section in allowed claims for monetary benefits under laws administered by the Veterans’ Administration. Such fees—

   “(1) shall be determined and paid as prescribed by the Administrator; “(2) shall not exceed $10 with respect to any one claim; and “(3) shall be deducted from monetary benefits claimed and allowed.”

   Enacted provision · exact public law section
   (a) Revision of Attorney Fee Limitation.— Section 3404 of title 38, United States Code, is amended by striking out subsection (c) and inserting in lieu thereof the following: “(c) (1) In connection with a proceeding before the Veterans’ Administration with respect to benefits under laws administered by the Veterans’ Administration, a fee may not be charged, allowed, or paid for services of agents and attorneys with respect to services provided before the date on which the Board of Veterans’ Appeals first makes a final decision in the case. Such a fee may be charged, allowed, or paid in the case of services provided after such date only if an agent or attorney is retained with respect to such case before the end of the one-year period beginning on that date. The limitation in the preceding sentence does not apply to services provided with respect to proceedings before a court. “(2) A person who, acting as agent or attorney in a case referred to in paragraph (1) of this subsection, represents a person before the Veterans’ Administration or the Board of Veterans’ Appeals after the Board first makes a final decision in the case shall file a copy of any fee agreement between them with the Board at such time as may be specified by the Board. The Board, upon its own motion or the request of either party, may review such a fee agreement and may order a reduction in the fee called for in the agreement if the Board finds that the fee is excessive or unreasonable. A finding or order of the Board under the preceding sentence may be reviewed by the United States Court of Veterans Appeals under section 4063(d) of this title. “(d) (1) When a claimant and an attorney have entered into a fee agreement described in paragraph (2) of this subsection, the total fee payable to the attorney may not exceed 20 percent of the total amount of any past-due benefits awarded on the basis of the claim. “(2) (A) A fee agreement referred to in paragraph (1) of this subsection is one under which (i) the amount of the fee payable to the attorney is to be paid to the attorney by the Administrator directly from any past-due benefits awarded on the basis of the claim, and (ii) the amount of the fee is contingent on whether or not the matter is resolved in a manner favorable to the claimant. “(B) For purposes of subparagraph (A) of this paragraph, a claim shall be considered to have been resolved in a manner favorable to the claimant if all or any part of the relief sought is granted. “(3) To the extent that past-due benefits are awarded in any proceeding before the Administrator, the Board of Veterans’ Appeals, or the United States Court of Veterans Appeals, the Administrator may direct that payment of any attorneys’ fee under a fee arrangement described in paragraph (1) of this subsection be made out of such past-due benefits. In no event may the Administrator withhold for the purpose of such payment any portion of benefits payable for a period after the date of the final decision of the Administrator, the Board of Veterans’ Appeals, or Court of Veterans Appeals making (or ordering the making of) the award.”.

4. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(b)(1) · 105 Stat. 187

   Changed · 38 U.S.C. § 5904

   Pub. L. 102–40, § 402(b)(1), renumbered section 3404 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(b)(1), renumbered section 3404 of this title as this section.

   Enacted provision · exact public law section
   (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

5. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 5904(c)(2)

   Pub. L. 102–40, § 402(d)(1), substituted “7263(d)” for “4063(d)”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(d)(1), substituted “7263(d)” for “4063(d)”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

6. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5904(a)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

7. 1991

   Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5904(a)

   Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

   Enacted provision · exact public law section
   (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

8. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5904(b)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in introductory provisions.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

9. 1991

   Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

   Substituted · 38 U.S.C. § 5904(b)

   Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in introductory provisions and in par. (4)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in introductory provisions and in par. (4).

   Enacted provision · exact public law section
   (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

10. 1991

    Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5904(b)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in par. (4)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in par. (4).

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

11. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5904(c)(1)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

12. 1991

    Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5904(c)(1)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

13. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5904(c)(2)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

14. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5904(d)(2)(A); 38 U.S.C. § 5904(d)(2)(3)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A), (3). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

15. 1992

    Veterans’ Medical Programs Amendments of 1992

    Pub. L. 102–405 § 303(a)(1) · 106 Stat. 1972

    Substituted · 38 U.S.C. § 5904(c)(1)

    Pub. L. 102–405, § 303(a)(1), substituted “Except as provided in paragraph (3), in” for “In”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–405, § 303(a)(1), substituted “Except as provided in paragraph (3), in” for “In”.

    Enacted provision · exact public law section
    (1) By striking out “In” at the beginning of paragraph (1) and inserting in lieu thereof “Except as provided in paragraph (3), in”; and

16. 1992

    Veterans’ Medical Programs Amendments of 1992

    Pub. L. 102–405 § 303(a)(2) · 106 Stat. 1972

    Added · 38 U.S.C. § 5904(c)(3)

    Pub. L. 102–405, § 303(a)(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 102–405, § 303(a)(2), added par. (3).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(3) A reasonable fee may be charged or paid in connection with any proceeding before the Department in a case arising out of a loan made, guaranteed, or insured under chapter 37 of this title. A person who charges a fee under this paragraph shall enter Contracts. into a written agreement with the person represented and shall file a copy of the fee agreement with the Secretary at such time, and in such manner, as may be specified by the Secretary.”.

17. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title V § 504(a) · 108 Stat. 4645

    Amended · 38 U.S.C. § 5904(d)(2)(A)

    Pub. L. 103–446 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “A fee agreement referred to in paragraph (1) of this subsection is one under which (i) the amount of the fee payable to the attorney is to be paid to the attorney by the Secretary directly from any past-due benefits awarded on the basis of the claim, and (ii) the amount of the fee is contingent on whether or not the matter is resolved in a manner favorable to the claimant.”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A). Pub. L. 103–446 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “A fee agreement referred to in paragraph (1) of this subsection is one under which (i) the amount of the fee payable to the attorney is to be paid to the attorney by the Secretary directly from any past-due benefits awarded on the basis of the claim, and (ii) the amount of the fee is contingent on whether or not the matter is resolved in a manner favorable to the claimant.”

    Enacted provision · exact public law section
    (a) Clarification.— Subparagraph (A) of section 5904(d)(2) is 38 USC 5904. amended to read as follows: “(A) A fee agreement referred to in paragraph (1) is one under which the total amount of the fee payable to the attorney— “(i) is to be paid to the attorney by the Secretary directly from any past-due benefits awarded on the basis of the claim; and “(ii) is contingent on whether or not the matter is resolved in a manner favorable to the claimant.”.

18. 1998

    Pub. L. 105–368 title V § 512(a)(1) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 5904(c)(2); 38 U.S.C. § 5904(d)(3)

    Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (c)(2), (d)(3). Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals” wherever appearing.

    Enacted provision · exact public law section
    (1) The following sections are amended by striking “Court of Veterans Appeals” each place it appears and inserting “Court of Appeals for Veterans Claims”: sections 5904, 7101(b), 7252(a), 7253, 7254, 7255, 7256, 7261, 7262, 7263, 7264, 7266(a)(1), 7267(a), 7268(a), 7269, 7281(a), 7282(a), 7283, 7284, 7285(a), 7286, 7291, 7292, 7296, 7297, and 7298.

19. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(a)(1)(A) · 120 Stat. 3403

    Inserted · 38 U.S.C. § 5904(a)

    Pub. L. 109–461, § 101(a)(1)(A), inserted heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–461, § 101(a)(1)(A), inserted heading.

    Enacted provision · exact public law section
    (A) by inserting “Recognition.—(1)” after “(a)”;

20. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(a)(1)(A) · 120 Stat. 3403

    1. Amended · 38 U.S.C. § 5904(a)(1)

       Pub. L. 109–461, § 101(a)(1)(A)–(C), designated existing provisions as par. (1)

    2. Substituted · 38 U.S.C. § 5904(a)(1)

       Pub. L. 109–461, § 101(a)(1)(A)–(C), substituted “Except as provided in paragraph (4), the Secretary may recognize” for “The Secretary may recognize”

    3. Struck · 38 U.S.C. § 5904(a)(1)

       Pub. L. 109–461, § 101(a)(1)(A)–(C), struck out last sentence which read as follows: “The Secretary may require that individuals, before being recognized under this section, show that they are of good moral character and in good repute, are qualified to render claimants valuable service, and otherwise are competent to assist claimants in presenting claims.”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 109–461, § 101(a)(1)(A)–(C), designated existing provisions as par. (1), substituted “Except as provided in paragraph (4), the Secretary may recognize” for “The Secretary may recognize”, and struck out last sentence which read as follows: “The Secretary may require that individuals, before being recognized under this section, show that they are of good moral character and in good repute, are qualified to render claimants valuable service, and otherwise are competent to assist claimants in presenting claims.”

    Enacted provision · exact public law section
    (A) by inserting “Recognition.—(1)” after “(a)”;

21. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(a)(1)(D) · 120 Stat. 3403

    Added · 38 U.S.C. § 5904(a)(2)(6)

    Pub. L. 109–461, § 101(a)(1)(D), added pars. (2) to (6)

    Source evidence

    Code amendment note
    Subsec. (a)(2) to (6). Pub. L. 109–461, § 101(a)(1)(D), added pars. (2) to (6).

    Enacted provision · exact public law section
    (D) by adding at the end the following new paragraphs: “(2) Regulations. The Secretary shall prescribe in regulations (consistent with the Model Rules of Professional Conduct of the American Bar Association) qualifications and standards of conduct for individuals recognized under this section, including a requirement that, as a condition of being so recognized, an individual must— “(A) show that such individual is of good moral character and in good repute, is qualified to render claimants valuable service, and is otherwise competent to assist claimants in presenting claims; “(B) have such level of experience or specialized training as the Secretary shall specify; and “(C) Certification. certify to the Secretary that the individual has satisfied any qualifications and standards prescribed by the Secretary under this section. “(3) Regulations. The Secretary shall prescribe in regulations requirements that each agent or attorney recognized under this section provide annually to the Secretary information about any court, bar, or Federal or State agency to which such agent or attorney is admitted to practice or otherwise authorized to appear, any relevant identification number or numbers, and a certification by such agent or attorney that such agent or attorney is in good standing in every jurisdiction where the agent or attorney is admitted to practice or otherwise authorized to appear. “(4) The Secretary may not recognize an individual as an agent or attorney under paragraph (1) if such individual has been suspended or disbarred by any court, bar, or Federal or State agency to which the individual was previously admitted to practice and has not been subsequently reinstated. “(5) The Secretary may prescribe in regulations reasonable restrictions on the amount of fees that an agent or attorney may charge a claimant for services rendered in the preparation, presentation, and prosecution of a claim before the Department. A fee that does not exceed 20 percent of the past due amount of benefits awarded on a claim shall be presumed to be reasonable. “(6) (A) The Secretary may charge and collect an assessment from an individual recognized as an agent or attorney under this section in any case in which the Secretary pays to the agent or attorney, from past-due benefits owed to a claimant represented by the agent or attorney, an amount as a fee in accordance with a fee arrangement between the claimant and the agent or attorney. “(B) The amount of an assessment under subparagraph (A) shall be equal to five percent of the amount of the fee required to be paid to the agent or attorney, except that the amount of such an assessment may not exceed $100. “(C) The Secretary may collect an assessment under subparagraph (A) by offsetting the amount of the fee otherwise required to be paid to the agent or attorney from the past-due benefits owed to the claimant represented by the agent or attorney. “(D) An agent or attorney who is charged an assessment under subparagraph (A) may not, directly or indirectly, request, receive, or obtain reimbursement for such assessment from the claimant represented by the agent or attorney. “(E) Amounts collected under this paragraph shall be deposited in the account available for administrative expenses for veterans’ benefits programs. Amounts so deposited shall be merged with amounts in such account and shall be available for the same purpose, and subject to the same conditions and limitations, as amounts otherwise in such account.” .

22. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(b)(1) · 120 Stat. 3403

    Inserted · 38 U.S.C. § 5904(b)

    Pub. L. 109–461, § 101(b)(1), inserted heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–461, § 101(b)(1), inserted heading.

    Enacted provision · exact public law section
    (1) by inserting “Suspension of Agents and Attorneys.—” after “(b)”;

23. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(b)(2) · 120 Stat. 3403

    Added · 38 U.S.C. § 5904(b)(6)(9)

    Pub. L. 109–461, § 101(b)(2)–(4), added pars. (6) to (9)

    Source evidence

    Code amendment note
    Subsec. (b)(6) to (9). Pub. L. 109–461, § 101(b)(2)–(4), added pars. (6) to (9).

    Enacted provision · exact public law section
    (2) in paragraph (4), by striking “or” at the end;

24. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(e)(1) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 5904(c)(1)

    Pub. L. 109–461, § 101(e)(1), substituted “paragraph (4)” for “paragraph (3)”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 109–461, § 101(e)(1), substituted “paragraph (4)” for “paragraph (3)”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “paragraph (3)” and inserting “paragraph (4)”; and

25. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(c)(1) · 120 Stat. 3403

    1. Substituted · 38 U.S.C. § 5904(c)(1)

       Pub. L. 109–461, § 101(c)(1), substituted “a notice of disagreement is filed with respect to” for “the Board of Veterans’ Appeals first makes a final decision in”

    2. Struck · 38 U.S.C. § 5904(c)(1)

       Pub. L. 109–461, § 101(c)(1), struck out “Such a fee may be charged, allowed, or paid in the case of services provided after such date only if an agent or attorney is retained with respect to such case before the end of the one-year period beginning on that date.” before “The limitation”

    3. Inserted · 38 U.S.C. § 5904(c)(1)

       Pub. L. 109–461, § 101(c)(1), inserted “fees charged, allowed, or paid for” after “does not apply to”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–461, § 101(c)(1), substituted “a notice of disagreement is filed with respect to” for “the Board of Veterans’ Appeals first makes a final decision in”, struck out “Such a fee may be charged, allowed, or paid in the case of services provided after such date only if an agent or attorney is retained with respect to such case before the end of the one-year period beginning on that date.” before “The limitation”, and inserted “fees charged, allowed, or paid for” after “does not apply to”.

    Enacted provision · exact public law section
    (1) Modification.— Effective as provided in subsection (h), paragraph (1) of subsection (c) of such section is amended— (A) by striking “the Board of Veterans’ Appeals first makes a final decision in” and inserting “a notice of disagreement is filed with respect to”; (B) by striking the second sentence; and (C) in the third sentence, by inserting “fees charged, allowed, or paid for” before “services provided”.

26. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(d) · 120 Stat. 3403

    1. Substituted · 38 U.S.C. § 5904(c)(2)

       Pub. L. 109–461, § 101(d), substituted “after a notice of disagreement is filed with respect to the case” for “after the Board first makes a final decision in the case”

    2. Substituted · 38 U.S.C. § 5904(c)(2)

       Pub. L. 109–461, § 101(d), substituted “with the Secretary pursuant to regulations prescribed by the Secretary” for “with the Board at such time as may be specified by the Board”

    3. Struck · 38 U.S.C. § 5904(c)(2)

       Pub. L. 109–461, § 101(d), struck out at end: “The Board, upon its own motion or the request of either party, may review such a fee agreement and may order a reduction in the fee called for in the agreement if the Board finds that the fee is excessive or unreasonable. A finding or order of the Board under the preceding sentence may be reviewed by the United States Court of Appeals for Veterans Claims under section 7263(d) of this title.”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 109–461, § 101(d), substituted “after a notice of disagreement is filed with respect to the case” for “after the Board first makes a final decision in the case” and “with the Secretary pursuant to regulations prescribed by the Secretary” for “with the Board at such time as may be specified by the Board” and struck out at end: “The Board, upon its own motion or the request of either party, may review such a fee agreement and may order a reduction in the fee called for in the agreement if the Board finds that the fee is excessive or unreasonable. A finding or order of the Board under the preceding sentence may be reviewed by the United States Court of Appeals for Veterans Claims under section 7263(d) of this title.”

    Enacted provision · exact public law section
    (d) Modification of Requirements To File Attorney Fee Agreements.— Effective as provided in subsection (h), paragraph (2) of subsection (c) of such section is amended— (1) by striking “after the Board first makes a final decision in the case” and inserting “after a notice of disagreement is filed with respect to the case”; (2) by striking “with the Board at such time as may be specified by the Board” and inserting “with the Secretary pursuant to regulations prescribed by the Secretary”; and (3) by striking the second and third sentences.

27. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(e)(2) · 120 Stat. 3403

    1. Added · 38 U.S.C. § 5904(c)(3); 38 U.S.C. § 5904(c)(4)

       Pub. L. 109–461, § 101(e)(2), (3), added par. (3)

    2. Redesignated · 38 U.S.C. § 5904(c)(3); 38 U.S.C. § 5904(c)(4)

       Pub. L. 109–461, § 101(e)(2), (3), redesignated former par. (3) as (4)

    Source evidence

    Code amendment note
    Subsec. (c)(3), (4). Pub. L. 109–461, § 101(e)(2), (3), added par. (3) and redesignated former par. (3) as (4).

    Enacted provision · exact public law section
    (2) by redesignating paragraph (3) as paragraph (4);

28. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(f)(1) · 120 Stat. 3403

    Inserted · 38 U.S.C. § 5904(d)

    Pub. L. 109–461, § 101(f)(1), inserted heading

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–461, § 101(f)(1), inserted heading.

    Enacted provision · exact public law section
    (1) by inserting “Payment of Fees Out of Past-Due Benefits.—” after “(d)”;

29. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(f)(2) · 120 Stat. 3403

    1. Inserted · 38 U.S.C. § 5904(d)(1)

       Pub. L. 109–461, § 101(f)(2), (3), inserted “agent or” before “attorney” in two places

    2. Struck · 38 U.S.C. § 5904(d)(1)

       Pub. L. 109–461, § 101(f)(2), (3), struck out “of this subsection” after “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 109–461, § 101(f)(2), (3), inserted “agent or” before “attorney” in two places and struck out “of this subsection” after “paragraph (2)”.

    Enacted provision · exact public law section
    (2) by inserting “agent or” before “attorney” each place it appears;

30. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(f)(2) · 120 Stat. 3403

    Inserted · 38 U.S.C. § 5904(d)(2)(A)

    Pub. L. 109–461, § 101(f)(2), inserted “agent or” before “attorney” in introductory provisions and in cl. (i)

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A). Pub. L. 109–461, § 101(f)(2), inserted “agent or” before “attorney” in introductory provisions and in cl. (i).

    Enacted provision · exact public law section
    (2) by inserting “agent or” before “attorney” each place it appears;

31. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(f)(4) · 120 Stat. 3403

    Struck · 38 U.S.C. § 5904(d)(2)(B)

    Pub. L. 109–461, § 101(f)(4), struck out “of this paragraph” after “subparagraph (A)”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 109–461, § 101(f)(4), struck out “of this paragraph” after “subparagraph (A)”.

    Enacted provision · exact public law section
    (4) in paragraph (2)(B), by striking “of this paragraph” after “subparagraph (A)”; and

32. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 101(f)(5) · 120 Stat. 3403

    1. Substituted · 38 U.S.C. § 5904(d)(3)

       Pub. L. 109–461, § 101(f)(5), substituted “fee to an agent or attorney” for “attorneys’ fee”

    2. Struck · 38 U.S.C. § 5904(d)(3)

       Pub. L. 109–461, § 101(f)(5), struck out “of this subsection” after “paragraph (1)”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 109–461, § 101(f)(5), substituted “fee to an agent or attorney” for “attorneys’ fee” and struck out “of this subsection” after “paragraph (1)”.

    Enacted provision · exact public law section
    (5) in paragraph (3)— (A) by striking “attorneys’ fee” and inserting “fee to an agent or attorney”; and (B) by striking “of this subsection” after “paragraph (1)”.

33. 2017

    Veterans Appeals Improvement and Modernization Act of 2017

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

    Substituted · 38 U.S.C. § 5904(c)(1); 38 U.S.C. § 5904(c)(2)

    Pub. L. 115–55 substituted “claimant is provided notice of the agency of original jurisdiction’s initial decision under section 5104 of this title” for “notice of disagreement is filed”

    Source evidence

    Code amendment note
    Subsec. (c)(1), (2). Pub. L. 115–55 substituted “claimant is provided notice of the agency of original jurisdiction’s initial decision under section 5104 of this title” for “notice of disagreement is filed”.

    Enacted provision · exact public law section
    (n) Modification of Limitation on Fees Allowable for Representation.— Section 5904(c) of such title is amended, in paragraphs (1) and (2), by striking “notice of disagreement is filed” both places it appears and inserting “claimant is provided notice of the agency of original jurisdiction’s initial decision under section 5104 of this title”.

    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.

42 of 43 references resolved to an enrolled provision · 1 partial