§ 7105. Filing of appeal

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. 1962

   Pub. L. 87–666 § 1 · 76 Stat. 553

   Enacted · 38 U.S.C. § 7105

   Added Pub. L. 87–666, § 1, Sept. 19, 1962, 76 Stat. 553, § 4005

   Source evidence

   Code source credit
   Added Pub. L. 87–666, § 1, Sept. 19, 1962, 76 Stat. 553, § 4005

2. 1986

   Pub. L. 99–576 § 701(85) · 100 Stat. 3248

   1. Substituted · 38 U.S.C. § 7105(b)(2)

      Pub. L. 99–576, § 701(85), substituted “the claimant’s” for “his”

   2. Substituted · 38 U.S.C. § 7105(b)(2)

      Pub. L. 99–576, § 701(85), substituted “the claimant or legal guardian” for “him”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 99–576, § 701(85), substituted “the claimant’s” for “his” and “the claimant or legal guardian” for “him”.

   Enacted provision · exact public law section
   (85) Section 4005 is amended— (A) by striking out “his” each place it appears and inserting in lieu thereof “the claimant’s”; and (B) by striking out “him” and inserting in lieu thereof “the claimant or legal guardian”.

3. 1986

   Pub. L. 99–576 § 701(85)(A) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 7105(d)(1); 38 U.S.C. § 7105(d)(3)

   Pub. L. 99–576, § 701(85)(A), substituted “the claimant’s” for “his”

   Source evidence

   Code amendment note
   Subsec. (d)(1), (3). Pub. L. 99–576, § 701(85)(A), substituted “the claimant’s” for “his”.

   Enacted provision · exact public law section
   (A) by striking out “his” each place it appears and inserting in lieu thereof “the claimant’s”; and

4. 1988

   Pub. L. 100–687 § 206(a) · 102 Stat. 4105

   1. Substituted · 38 U.S.C. § 7105(d)(1)

      Pub. L. 100–687, § 206(a), substituted “shall prepare a statement of the case. A statement of the case shall include the following:” for “will prepare a statement of the case consisting of—”

   2. Added · 38 U.S.C. § 7105(d)(1)

      Pub. L. 100–687, § 206(a), added subpars. (A) to (C)

   3. Struck · 38 U.S.C. § 7105(d)(1)

      Pub. L. 100–687, § 206(a), struck out former subpars. (A) to (C) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 100–687, § 206(a), substituted “shall prepare a statement of the case. A statement of the case shall include the following:” for “will prepare a statement of the case consisting of—”, added subpars. (A) to (C), and struck out former subpars. (A) to (C) which read as follows:

   “(A) A summary of the evidence in the case pertinent to the issue or issues with which disagreement has been expressed; “(B) A citation or discussion of the pertinent law, regulations, and, where applicable, the provisions of the Schedule for Rating Disabilities; “(C) The decision on such issue or issues and a summary of the reasons therefor.”

   Enacted provision · exact public law section
   (a) Matters To Be Included.— Paragraph (1) of section 4005(d) is amended in the second sentence by striking out “will prepare” and all that follows and inserting in lieu thereof the following: “shall prepare a statement of the case. A statement of the case shall include the following: “(A) A summary of the evidence in the case pertinent to the issue or issues with which disagreement has been expressed. “(B) A citation to pertinent laws and regulations and a discussion of how such laws and regulations affect the agency’s decision. “(C) The decision on each issue and a summary of the reasons for such decision.”.

5. 1988

   Pub. L. 100–687 § 206(b) · 102 Stat. 4105

   Amended · 38 U.S.C. § 7105(d)(4)

   Pub. L. 100–687, § 206(b), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The appellant will be presumed to be in agreement with any statement of fact contained in the statement of the case to which no exception is taken.”

   Source evidence

   Code amendment note
   Subsec. (d)(4). Pub. L. 100–687, § 206(b), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The appellant will be presumed to be in agreement with any statement of fact contained in the statement of the case to which no exception is taken.”

   Enacted provision · exact public law section
   (b) Prohibition Against Presumption of Agreement.— Paragraph (4) of such section is amended to read as follows: “(4) The claimant in any case may not be presumed to agree with any statement of fact contained in the statement of the case to which the claimant does not specifically express agreement.”.

6. 1988

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

   Struck · 38 U.S.C. § 7105(d)(5)

   Pub. L. 100–687, § 203(b), struck out “will base its decision on the entire record and” after “of Veterans’ Appeals”

   Source evidence

   Code amendment note
   Subsec. (d)(5). Pub. L. 100–687, § 203(b), struck out “will base its decision on the entire record and” after “of Veterans’ Appeals”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 4005(d)(5) is amended by striking out “will base its decision on the entire record and”.

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. § 7105

   Pub. L. 102–40, § 402(b)(1), renumbered section 4005 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(b)(1), renumbered section 4005 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. § 7105(d)(2)

   Pub. L. 102–40, § 402(d)(1), substituted “5701” for “3301”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 102–40, § 402(d)(1), substituted “5701” for “3301”.

   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. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 7105(a)

   Pub. L. 102–83 substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83 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.

10. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(16) · 115 Stat. 25

    Substituted · 38 U.S.C. § 7105(b)(1)

    Pub. L. 107–14 substituted “hereinafter” for “hereafter”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 107–14 substituted “hereinafter” for “hereafter”.

    Enacted provision · exact public law section
    (16) The following provisions are each amended by striking “hereafter” and inserting “hereinafter”: sections 545(a)(1), 1710B(e)(l), 3485(a)(l), 3537(a), 3722(a), 3763(a), 5121(a), 7101(a), 7105(b)(l), 7671, 7672(e)(l)(B), 7681(a)(1), 7801, and 8520(a).

11. 2012

    Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012

    Pub. L. 112–154 title V § 501(a) · 126 Stat. 1165

    Added · 38 U.S.C. § 7105(e)

    Pub. L. 112–154 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 112–154 added subsec. (e).

    Enacted provision · exact public law section
    (a) In General.— Section 7105 is amended by adding at the end the following new subsection: “(e) (1) If, either at the time or after the agency of original jurisdiction receives a substantive appeal, the claimant or the claimant’s representative, if any, submits evidence to either the agency of original jurisdiction or the Board of Veterans’ Appeals for consideration in connection with the issue or issues with which disagreement has been expressed, such evidence shall be subject to initial review by the Board unless the claimant or the claimant’s representative, as the case may be, requests in writing that the agency of original jurisdiction initially review such evidence. “(2) A request for review of evidence under paragraph (1) shall accompany the submittal of the evidence.” .

12. 2017

    Veterans Appeals Improvement and Modernization Act of 2017

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

    Struck · 38 U.S.C. § 7105

    Pub. L. 115–55, § 2(q)(1)(F), struck out “notice of disagreement and” before “appeal” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 115–55, § 2(q)(1)(F), struck out “notice of disagreement and” before “appeal” in section catchline.

    Enacted provision · exact public law section
    (F) in the section heading, by striking “notice of disagreement 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.

13. 2017

    Veterans Appeals Improvement and Modernization Act of 2017

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

    Substituted · 38 U.S.C. § 7105(a)

    Pub. L. 115–55, § 2(q)(1)(A), substituted “Appellate review shall be initiated by the filing of a notice of disagreement in the form prescribed by the Secretary.” for “Appellate review will be initiated by a notice of disagreement and completed by a substantive appeal after a statement of the case is furnished as prescribed in this section.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–55, § 2(q)(1)(A), substituted “Appellate review shall be initiated by the filing of a notice of disagreement in the form prescribed by the Secretary.” for “Appellate review will be initiated by a notice of disagreement and completed by a substantive appeal after a statement of the case is furnished as prescribed in this section.”

    Enacted provision · exact public law section
    (A) in subsection (a), by striking the first sentence and inserting “Appellate review shall be initiated by the filing of a notice of disagreement in the form prescribed by the Secretary.”;

    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.

14. 2017

    Veterans Appeals Improvement and Modernization Act of 2017

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

    Amended · 38 U.S.C. § 7105(b)

    Pub. L. 115–55, § 2(q)(1)(B), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–55, § 2(q)(1)(B), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

    “(1) Except in the case of simultaneously contested claims, notice of disagreement shall be filed within one year from the date of mailing of notice of the result of initial review or determination. Such notice, and appeals, must be in writing and be filed with the activity which entered the determination with which disagreement is expressed (hereinafter referred to as the “agency of original jurisdiction”). A notice of disagreement postmarked before the expiration of the one-year period will be accepted as timely filed. “(2) Notices of disagreement, and appeals, must be in writing and may be filed by the claimant, the claimant’s legal guardian, or such accredited representative, attorney, or authorized agent as may be selected by the claimant or legal guardian. Not more than one recognized organization, attorney, or agent will be recognized at any one time in the prosecution of a claim.”

    Enacted provision · exact public law section
    (B) by amending subsection (b) to read as follows: “(b) (1) (A) Except in the case of simultaneously contested claims, a notice of disagreement shall be filed within one year from the date of the mailing of notice of the decision of the agency of original jurisdiction pursuant to section 5104, 5104B, or 5108 of this title. “(B) A notice of disagreement postmarked before the expiration of the one-year period shall be accepted as timely filed. “(C) A question as to timeliness or adequacy of the notice of disagreement shall be decided by the Board. “(2) (A) Notices of disagreement shall be in writing, shall identify the specific determination with which the claimant disagrees, and may be filed by the claimant, the claimant’s legal guardian, or such accredited representative, attorney, or authorized agent as may be selected by the claimant or legal guardian. “(B) Not more than one recognized organization, attorney, or agent may be recognized at any one time in the prosecution of a claim. “(C) Notices of disagreement shall be filed with the Board. “(3) The notice of disagreement shall indicate whether the claimant requests— “(A) a hearing before the Board, which shall include an opportunity to submit evidence in accordance with section 7113(b) of this title; “(B) an opportunity to submit additional evidence without a hearing before the Board, which shall include an opportunity to submit evidence in accordance with section 7113(c) of this title; or “(C) a review by the Board without a hearing or the submittal of additional evidence. “(4) The Secretary shall develop a policy to permit a claimant to modify the information identified in the notice of disagreement after the notice of disagreement has been filed under this section pursuant to such requirements as the Secretary may prescribe.” ;

    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.

15. 2017

    Veterans Appeals Improvement and Modernization Act of 2017

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

    Amended · 38 U.S.C. § 7105(c)

    Pub. L. 115–55, § 2(q)(1)(C), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “If no notice of disagreement is filed in accordance with this chapter within the prescribed period, the action or determination shall become final and the claim will not thereafter be reopened or allowed, except as may otherwise be provided by regulations not inconsistent with this title.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–55, § 2(q)(1)(C), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “If no notice of disagreement is filed in accordance with this chapter within the prescribed period, the action or determination shall become final and the claim will not thereafter be reopened or allowed, except as may otherwise be provided by regulations not inconsistent with this title.”

    Enacted provision · exact public law section
    (C) by amending subsection (c) to read as follows: “(c) If no notice of disagreement is filed in accordance with this chapter within the prescribed period, the action or decision of the agency of original jurisdiction shall become final and the claim shall not thereafter be readjudicated or allowed, except— “(1) in the case of a readjudication or allowance pursuant to a higher-level review that was requested in accordance with section 5104B of this title; “(2) as may otherwise be provided by section 5108 of this title; or “(3) as may otherwise be provided in such regulations as are consistent with 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.

16. 2017

    Veterans Appeals Improvement and Modernization Act of 2017

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

    1. Added · 38 U.S.C. § 7105(d)

       Pub. L. 115–55, § 2(q)(1)(D), added subsec. (d)

    2. Struck · 38 U.S.C. § 7105(d)

       Pub. L. 115–55, § 2(q)(1)(D), struck out former subsec. (d) which related to development and review actions, statement of the case, and dismissal of appeal

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–55, § 2(q)(1)(D), added subsec. (d) and struck out former subsec. (d) which related to development and review actions, statement of the case, and dismissal of appeal.

    Enacted provision · exact public law section
    (D) by striking subsection (d) and inserting the following new subsection (d): “(d) The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees.” ;

    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.

17. 2017

    Veterans Appeals Improvement and Modernization Act of 2017

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

    Struck · 38 U.S.C. § 7105(e)

    Pub. L. 115–55, § 2(q)(1)(E), struck out subsec. (e) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 115–55, § 2(q)(1)(E), struck out subsec. (e) which read as follows:

    “(1) If, either at the time or after the agency of original jurisdiction receives a substantive appeal, the claimant or the claimant’s representative, if any, submits evidence to either the agency of original jurisdiction or the Board of Veterans’ Appeals for consideration in connection with the issue or issues with which disagreement has been expressed, such evidence shall be subject to initial review by the Board unless the claimant or the claimant’s representative, as the case may be, requests in writing that the agency of original jurisdiction initially review such evidence. “(2) A request for review of evidence under paragraph (1) shall accompany the submittal of the evidence.”

    Enacted provision · exact public law section
    (E) by striking subsection (e); 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.

18. 2022

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

    Pub. L. 117–168 title VIII § 807(a)(6) · 136 Stat. 1759

    Substituted · 38 U.S.C. § 7105(b)(1)(A)

    Pub. L. 117–168 substituted “issuance” for “mailing”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 117–168 substituted “issuance” for “mailing”.

    Enacted provision · exact public law section
    (6) In section 7105(b)(1)(A), by striking “mailing” and inserting “issuance”.

21 of 22 references resolved to an enrolled provision · 1 partial