§ 7104. Jurisdiction of the Board; decisions; notice

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. § 7104

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1241, § 4004

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1241, § 4004

2. 1961

   Pub. L. 87–97 § 1 · 75 Stat. 215

   Added · 38 U.S.C. § 7104(d)

   Pub. L. 87–97 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 87–97 added subsec. (d).

3. 1988

   Pub. L. 100–687 § 101(b) · 102 Stat. 4105

   1. Amended · 38 U.S.C. § 7104(a)

      Pub. L. 100–687, § 101(b), as amended by Pub. L. 102–54

   2. Substituted · 38 U.S.C. § 7104(a)

      Pub. L. 100–687, § 101(b), as substituted “All questions in a matter which under section 211(a) of this title is subject to decision by the Administrator” for “All questions on claims involving benefits under the laws administered by the Veterans’ Administration”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–687, § 101(b), as amended by Pub. L. 102–54, substituted “All questions in a matter which under section 211(a) of this title is subject to decision by the Administrator” for “All questions on claims involving benefits under the laws administered by the Veterans’ Administration”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 4004(a) is amended by striking out “All questions on claims involving benefits under laws administered by the Veterans’ Administration” and inserting in lieu thereof “All questions in a matter which under section 211(a) of this title is subject to decision by the Administrator”.

4. 1988

   Pub. L. 100–687 § 203(a) · 102 Stat. 4105

   Inserted · 38 U.S.C. § 7104(a)

   Pub. L. 100–687, § 203(a), inserted at end “The Board shall decide any such appeal only after affording the claimant an opportunity for a hearing. Decisions of the Board shall be based on the entire record in the proceeding and upon consideration of all evidence and material of record and applicable provisions of law and regulation.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–687, § 203(a), inserted at end “The Board shall decide any such appeal only after affording the claimant an opportunity for a hearing. Decisions of the Board shall be based on the entire record in the proceeding and upon consideration of all evidence and material of record and applicable provisions of law and regulation.”

   Enacted provision · exact public law section
   (a) Decisions Based on the Record.— Section 4004(a) is amended by adding at the end the following new sentences: “The Board shall decide any such appeal only after affording the claimant an oppor-tunity for a hearing. Decisions of the Board shall be based on the entire record in the proceeding and upon consideration of all evidence and material of record and applicable provisions of law and regulation.”.

5. 1988

   Pub. L. 100–687 § 204 · 102 Stat. 4105

   Amended · 38 U.S.C. § 7104(b)

   Pub. L. 100–687, § 204, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “When a claim is disallowed by the Board, it may not thereafter be reopened and allowed, and no claim based upon the same factual basis shall be considered; however, where subsequent to disallowance of a claim, new and material evidence in the form of official reports from the proper service department is secured, the Board may authorize the reopening of the claim and review of the former decision.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–687, § 204, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “When a claim is disallowed by the Board, it may not thereafter be reopened and allowed, and no claim based upon the same factual basis shall be considered; however, where subsequent to disallowance of a claim, new and material evidence in the form of official reports from the proper service department is secured, the Board may authorize the reopening of the claim and review of the former decision.”

   Enacted provision · exact public law section
   SEC. 204. REOPENING OF DISALLOWED CLAIMS. Subsection (b) of section 4004 is amended to read as follows: “(b) Except as provided in section 3008 of this title, when a claim is disallowed by the Board, the claim may not thereafter be reopened and allowed and a claim based upon the same factual basis may not be considered.”.

6. 1988

   Pub. L. 100–687 § 205 · 102 Stat. 4105

   1. Added · 38 U.S.C. § 7104(d); 38 U.S.C. § 7104(e)

      Pub. L. 100–687, § 205, added subsecs. (d) and (e)

   2. Struck · 38 U.S.C. § 7104(d); 38 U.S.C. § 7104(e)

      Pub. L. 100–687, § 205, struck out former subsec. (d) which read as follows: “The decisions of the Board shall be in writing and shall contain findings of fact and conclusions of law separately stated.”

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 100–687, § 205, added subsecs. (d) and (e) and struck out former subsec. (d) which read as follows: “The decisions of the Board shall be in writing and shall contain findings of fact and conclusions of law separately stated.”

   Enacted provision · exact public law section
   SEC. 205. NOTICE AND CONTENT OF DECISIONS. Section 4004 is amended by striking out subsection (d) and inserting in lieu thereof the following: “(d) Each decision of the Board shall include— “(1) a written statement of the Board’s findings and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the record; and “(2) an order granting appropriate relief or denying relief. “(e) After reaching a decision in a case, the Board shall promptly mail a copy of its written decision to the claimant and the claimant’s authorized representative (if any) at the last known address of the claimant and at the last known address of such representative (if any).”.

7. 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. § 7104

   Pub. L. 102–40, § 402(b)(1), renumbered section 4004 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(b)(1), renumbered section 4004 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.

8. 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. § 7104(b)

   Pub. L. 102–40, § 402(d)(1), substituted “5108” for “3008”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–40, § 402(d)(1), substituted “5108” for “3008”.

   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.

9. 1991

   Pub. L. 102–54 § 14(g)(2) · 105 Stat. 267

   Changed · 38 U.S.C. § 7104(a)

   Pub. L. 102–54 made a technical correction to Pub. L. 100–687, § 101(b). See 1988 Amendment note below

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–54 made a technical correction to Pub. L. 100–687, § 101(b). See 1988 Amendment note below.

   Enacted provision · exact public law section
   SEC. 14. TECHNICAL AMENDMENTS TO TITLE 38, UNITED STATES CODE. (a) CHAPTERS 1 AND 3 OF TITLE 38.—Part I of title 38, United States Code, is amended as follows: (1) Section 101(21)(C) is amended by redesignating subclauses (a), (b), and (c) of clause (ii) as subclauses (I), (II), and (III), respectively. (2) Section 102 is amended by striking out “(C)” before “For the purposes of” and inserting in lieu thereof “(c)”. (b) Chapters 11 Through 24 of Title 38.— Part II of such title is amended as follows: (1) Section 354 is amended— (A) by inserting a comma in the section heading after “place”; and (B) by inserting “(Public Law 98–542; 98 Stat. 2727)” in subsection (a) before the period at the end. (2) Section 402(d) is amended by striking out “Secretary of the Department” and inserting in lieu thereof “Secretary of the department”. (3) Section 412(a) is amended by striking out “201” and inserting in lieu thereof “401”. (4) Section 423 is amended— (A) by striking out “or section 321(b) of title 32,” in the first sentence; and (B) by striking out “1476(a) or 321(b)” in the second sentence. (5) Section 503(a) is amended— (A) in paragraph (8), by striking out “per centum” and inserting in lieu thereof “percent”; and (B) in paragraph (10)(A)— (i) by striking out “Internal Revenue Code of 1954 (26 U.S.C. 6012(a))” and inserting in lieu thereof “Internal Revenue Code of 1986”; and (ii) by striking out “section 143” and inserting in lieu thereof “section 7703”. (6) Section 508(b) is amended by striking out “per centum” and inserting in lieu thereof “percent”. (7) Sections 532(a) and 534(a) are amended— (A) by striking out the semicolon at the end of paragraph (2) and inserting in lieu thereof a period; and (B) by striking out the matter following paragraph (2). (8) Section 601 is amended— (A) in paragraph (2), by striking out “any veteran of the Indian Wars, or”; (B) by striking out paragraph (3); (C) by redesignating paragraph (4) as paragraph (3); (D) in paragraph (6)— (i) by striking out “section 612(f)(l)(A)(i)” in subparagraph (A)(i) and inserting in lieu thereof “section 612(a)(5)(A)”; and (ii) by striking out “section 612(f)(1)(A)(ii)” in subparagraph (B)(i)(II) and inserting in lieu thereof “section 612(a)(5)(B)”; and (E) by transferring paragraph (9) within such section so as to appear before paragraph (5) and redesignating such paragraph as paragraph (4). (9) Section 603 is amended— (A) by striking out “section” before “paragraph” in subsection (a)(2)(B); (B) by striking out “section 612(b)(1)(G)” in subsection (a)(7) and inserting in lieu thereof “section 612(b)(1)(F)”; and (C) by inserting “(Public Law 100–322; 102 Stat. 501)” in subsection (c) before the period at the end. (10) Section 610(a)(1)(H) is amended by striking out “the Spanish-American War, the Mexican border period,” and inserting in lieu thereof “the Mexican border period”. (11) Section 612A(b)(l) is amended by striking out “paragraph (1)(A)(ii) of section 612(f)” and inserting in lieu thereof “section 612(a)(5)(B)”. (12) Section 618(c)(3) is amended by inserting “and” after “productivity”. (13) Section 620A(f)(l) is amended by striking out “during the period” before “beginning on”. (14) Section 628(a)(2)(D) is amended by striking out “is (i)” and inserting in lieu thereof “(i) is”. (15) Section 630(a) is amended— (A) by striking out “(1)” after “(a)”; and (B) by redesignating subparagraph (A), clause (i), clause (ii), and subparagraph (B) as paragraph (1), subparagraph (A), subparagraph (B), and paragraph (2), respectively. (16) Section 765 is amended— (A) in paragraph (4), by redesignating clauses (i) and (ii) as clauses (A) and (B), respectively; and (B) in each of paragraphs (8) and (9), by redesignating clauses (a), (b), (c), (d), and (e) as clauses (A), (B), (C), (D), and (E), respectively. (17) Section 770(g) is amended by striking out “the Internal Revenue Code of 1954” in clause (2) of the second sentence and inserting in lieu thereof “the Internal Revenue Code of 1986”. (18) The text of section 774 is amended to read as follows: “(a) There is an Advisory Council on Servicemen’s Group Life Insurance. The council consists of— “(1) the Secretary of the Treasury, who is the chairman of the council; “(2) the Secretary of Defense; “(3) the Secretary of Commerce; “(4) the Secretary of Health and Human Services; “(5) the Secretary of Transportation; and “(6) the Director of the Office of Management and Budget. Members of the council shall serve without additional compensation. “(b) The council shall meet at least once a year, or more often at the call of the Secretary of Veterans Affairs. The council shall review the operations of the Department under this subchapter and shall advise the Secretary on matters of policy relating to the Secretary’s activities under this subchapter.”. (19) Section 783 is amended by striking out “section 14 of title 25,” and inserting in lieu thereof “the Act of February 25, 1933 (25 U.S.C. 14),”. (20) Section 901(d) is amended— (A) by striking out “deems” and inserting in lieu thereof “considers”; (B) by striking out the comma after “this section”; and (C) by striking out “, United States Code”. (21) Section 1004(c)(2)(B) is amended by striking out “the date of the enactment of the Veterans’ Benefits Improvement and Health-Care Authorization Act of 1986” and inserting in lieu thereof “October 28, 1986”. (22) Section 1010(b) is amended by striking out “the military departments” and inserting in lieu thereof “each military department”. (c) Chapters 30 Through 43 of Title 38.— Part III of such title is amended as follows: (1) Section 1415(c) is amended by striking out “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991,” and inserting in lieu thereof “November 29, 1989,”. (2) The item relating to section 1423 in the table of sections at the beginning of chapter 30 is amended by striking out “chapter” and inserting in lieu thereof “subchapter”. (3) Section 1504(b) is amended by striking out “(29 U.S.C. 796)” and inserting in lieu thereof “(29 U.S.C. 796a)”. (4) Section 1517(a) is amended— (A) by inserting “(29 U.S.C. 701 et seq.)” in paragraph (1) after “the Rehabilitation Act of 1973”; and (B) by striking out the second period at the end of paragraph (2)(C). (5) Section 1521(a)(3) is amended by inserting “and Training” after “Veterans’ Employment”. (6) Section 1602(1)(A) is amended by inserting a comma after “January 1, 1977” the last place it appears. (7) Section 1792(a) is amended by inserting “and Training” after “Veterans’ Employment”. (8) Section 1812 is amended— (A) in subsection (c)(5), by striking out “under this section” and inserting in lieu thereof “for purposes specified in this section”; and (B) in subsection (1), by striking out “, beginning 12 months following October 23, 1970,”. (9) Section 2011(2)(B) is amended by inserting a comma before “except for”. (10) Section 2013 is amended by striking out “the Comprehensive Employment and Training Act” and inserting in lieu thereof “the Job Training Partnership Act (29 U.S.C. 1501 et seq.)”. (d) Chapters 51 Through 61 of Title 38.— Part IV of such title (as in effect immediately before the enactment of the Department of Veterans Affairs Health-Care Personnel Act of 1991) is amended as follows: (1) Section 3004 is amended— (A) by striking out “(1)” after “(a)”; (B) by striking out “(2)” and inserting in lieu thereof “(b)”; (C) by striking out “paragraph (1) of this subsection” and inserting in lieu thereof “subsection (a)”; and (D) by striking out “(A)” and “(B)” and inserting in lieu thereof “(1)” and “(2)”, respectively. (2) Section 3101(d) is amended by striking out “the Internal 38 USC 5301. Revenue Code of 1954” and inserting in lieu thereof “the Internal Revenue Code of 1986”. (3) Section 3116 is amended— (A) by striking out “Within ninety days after the date of the enactment of this section, the” in subsection (a)(1) and inserting in lieu thereof “The”; (B) by striking out subsection (b); and (C) by redesignating subsection (c) as subsection (b). (4) Section 3305 is amended— (A) in subsection (c), by striking out “the date of the enactment of this section,” in paragraphs (1) and (2) and inserting in lieu thereof “October 7, 1980,”; and (B) in subsection (d)— (i) in the first sentence of paragraph (1), by striking out “Not later than 180 days after the date of the enactment of this section, the” and inserting in lieu thereof “The”; (ii) in the second sentence of paragraph (1), by striking out “such enactment date” and inserting in lieu thereof “October 7, 1980,”; (iii) in the third sentence of paragraph (1)— (I) by striking out “existing”; and (II) by inserting “in existence on October 7, 1980” after “such programs”; and (iv) in paragraph (2), by striking out “After the date on which such regulations are first prescribed, no activity shall be considered” and inserting in lieu thereof “An activity may not be considered”. (5) (A) Section 3311 is amended to read as follows: 38 USC 5711. “§ 3311. Authority to issue subpoenas “(a) For the purposes of the laws administered by the Secretary, the Secretary, and those employees to whom the Secretary may delegate such authority, to the extent of the authority so delegated, shall have the power to— “(1) issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles from the place of hearing; “(2) require the production of books, papers, documents, and other evidence; “(3) take affidavits and administer oaths and affirmations; “(4) aid claimants in the preparation and presentation of claims; and “(5) make investigations and examine witnesses upon any matter within the jurisdiction of the Department. “(b) Any person required by such subpoena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States.”. (B) The item relating to such section in the table of sections at the beginning of chapter 57 is amended to read as follows: “ 3311. Authority to issue subpoenas.”. (6) (A) Section 3313 is amended by striking out “subpena” both 38 USC 5713. places it appears in the text and inserting in lieu “subpoena”. (B) The heading of such section is amended to read as follows:

10. 1991

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

    Substituted · 38 U.S.C. § 7104(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.

11. 1991

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

    Substituted · 38 U.S.C. § 7104(c)

    Pub. L. 102–83, § 4(c), substituted “chief legal officer of the Department” for “chief law officer”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 4(c), substituted “chief legal officer of the Department” for “chief law officer”.

    Enacted provision · exact public law section
    (c) References to Chief Law Officer.— Section 7104(c) is amended by striking out “chief law officer” and inserting in lieu thereof “chief legal officer of the Department”.

12. 1991

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

    Substituted · 38 U.S.C. § 7104(c)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    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.

13. 1991

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

    Substituted · 38 U.S.C. § 7104(c)

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

    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”.

    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. 1994

    Board of Veterans’ Appeals Administrative Procedures Improvement Act of 1994

    Pub. L. 103–271 § 8 · 108 Stat. 740

    Substituted · 38 U.S.C. § 7104(a)

    Pub. L. 103–271, § 8, substituted “511(a)” for “211(a)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–271, § 8, substituted “511(a)” for “211(a)”.

    Enacted provision · exact public law section
    SEC. 8. CROSS-REFERENCE CORRECTION. Section 7104(a) of title 38, United States Code, is amended by striking out “211(a)” and inserting in lieu thereof “511(a)”.

15. 1994

    Board of Veterans’ Appeals Administrative Procedures Improvement Act of 1994

    Pub. L. 103–271 § 7(b)(1) · 108 Stat. 740

    Struck · 38 U.S.C. § 7104(a)

    Pub. L. 103–271, § 7(b)(1), struck out after second sentence “The Board shall decide any such appeal only after affording the claimant an opportunity for a hearing.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–271, § 7(b)(1), struck out after second sentence “The Board shall decide any such appeal only after affording the claimant an opportunity for a hearing.”

    Enacted provision · exact public law section
    (1) Section 7104(a) of such title is amended by striking out the third sentence.

16. 1996

    Veterans’ Benefits Improvements Act of 1996

    Pub. L. 104–275 title V § 509 · 110 Stat. 3322

    Amended · 38 U.S.C. § 7104(e)

    Pub. L. 104–275 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “After reaching a decision in a case, the Board shall promptly mail a copy of its written decision to the claimant and the claimant’s authorized representative (if any) at the last known address of the claimant and at the last known address of such representative (if any).”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–275 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “After reaching a decision in a case, the Board shall promptly mail a copy of its written decision to the claimant and the claimant’s authorized representative (if any) at the last known address of the claimant and at the last known address of such representative (if any).”

    Enacted provision · exact public law section
    SEC. 509. PROVISION OF COPIES OF BOARD OF VETERANS’ APPEALS DECISIONS. Subsection (e) of section 7104 is amended to read as follows: “(e) (1) After reaching a decision on a case, the Board shall promptly mail a copy of its written decision to the claimant at the last known address of the claimant. “(2) If the claimant has an authorized representative, the Board shall— “(A) mail a copy of its written decision to the authorized representative at the last known address of the authorized representative; or “(B) send a copy of its written decision to the authorized representative by any means reasonably likely to provide the authorized representative with a copy of the decision within the same time a copy would be expected to reach the authorized representative if sent by first-class mail.”.

17. 2017

    Veterans Appeals Improvement and Modernization Act of 2017

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

    Substituted · 38 U.S.C. § 7104(b)

    Pub. L. 115–55, § 2(p), substituted “readjudicated” for “reopened”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–55, § 2(p), substituted “readjudicated” for “reopened”.

    Enacted provision · exact public law section
    (p) Conforming Amendment Relating to Readjudication.— Section 7104(b) of such title is amended by striking “reopened” and inserting “readjudicated”.

    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.

18. 2017

    Veterans Appeals Improvement and Modernization Act of 2017

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

    1. Added · 38 U.S.C. § 7104(d)(2); 38 U.S.C. § 7104(d)(3)

       Pub. L. 115–55, § 2(w)(2), added par. (2)

    2. Redesignated · 38 U.S.C. § 7104(d)(2); 38 U.S.C. § 7104(d)(3)

       Pub. L. 115–55, § 2(w)(2), redesignated former par. (2) as (3)

    Source evidence

    Code amendment note
    Subsec. (d)(2), (3). Pub. L. 115–55, § 2(w)(2), added par. (2) and redesignated former par. (2) as (3).

    Enacted provision · exact public law section
    (2) Notification when evidence not considered.— Section 7104(d) of such title is amended— (A) in paragraph (1), by striking “; and” and inserting a semicolon; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph (2): “(2) a general statement— “(A) reflecting whether evidence was not considered in making the decision because the evidence was received at a time when not permitted under section 7113 of this title; and “(B) noting such options as may be available for having the evidence considered by the Department; and” .

    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.

19. 2022

    Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022

    Pub. L. 117–168 § 807(a)(5)(A) · 136 Stat. 1759

    Inserted · 38 U.S.C. § 7104

    Pub. L. 117–168, § 807(a)(5)(A), inserted “; decisions; notice” after “Board” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 117–168, § 807(a)(5)(A), inserted “; decisions; notice” after “Board” in section catchline.

    Enacted provision · exact public law section
    (A) in the heading, by adding “; decisions; notice” at the end; and

20. 2022

    Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022

    Pub. L. 117–168 § 807(a)(5)(B) · 136 Stat. 1759

    1. Added · 38 U.S.C. § 7104(e); 38 U.S.C. § 7104(f)

       Pub. L. 117–168, § 807(a)(5)(B), added subsecs. (e) and (f)

    2. Struck · 38 U.S.C. § 7104(e); 38 U.S.C. § 7104(f)

       Pub. L. 117–168, § 807(a)(5)(B), struck out former subsec. (e) which related to mailing a copy of a written decision to the claimant or mailing or otherwise sending a copy to an authorized representative of the claimant

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 117–168, § 807(a)(5)(B), added subsecs. (e) and (f) and struck out former subsec. (e) which related to mailing a copy of a written decision to the claimant or mailing or otherwise sending a copy to an authorized representative of the claimant.

    Enacted provision · exact public law section
    (B) by striking subsection (e) and inserting the following: “(e) After reaching a decision on an appeal, the Board shall promptly issue notice (as that term is defined in section 5100 of this title) of such decision to the following: “(1) The appellant. “(2) Any other party with a right to notice of such decision. “(3) Any authorized representative of the appellant or party described in paragraph (2). “(f) (1) The Secretary may provide notice under subsection (e) electronically if a claimant (or the claimant’s representative) elects to receive such notice electronically. “(2) A claimant (or the claimant’s representative) may revoke such an election at any time, by means prescribed by the Secretary.” .

22 of 24 references resolved to an enrolled provision · 2 partial