38 U.S.C. § 5104 - Decisions and notices of decisions

• Cite as: 38 U.S.C. § 5104

(a) In the case of a decision by the Secretary under section 511 of this title affecting the provision of benefits to a claimant, the Secretary shall, on a timely basis, provide to the claimant (and to the claimant's representative) notice of such decision. The notice shall include an explanation of the procedure for obtaining review of the decision.

(b) Each notice provided under subsection (a) shall also include all of the following:

(1) Identification of the issues adjudicated.

(2) A summary of the evidence considered by the Secretary.

(3) A summary of the applicable laws and regulations.

(4) Identification of findings favorable to the claimant.

(5) In the case of a denial, identification of elements not satisfied leading to the denial.

(6) An explanation of how to obtain or access evidence used in making the decision.

(7) If applicable, identification of the criteria that must be satisfied to grant service connection or the next higher level of compensation.

(c) The Secretary may provide notice under subsection (a) electronically if a claimant (or the claimant's representative) elects to receive such notice electronically. A claimant (or the claimant's representative) may revoke such an election at any time, by means prescribed by the Secretary.

(d) The Secretary shall annually-

(1) solicit recommendations from stakeholders on how to improve notice under this section; and

(2) publish such recommendations on a publicly available website of the Department.

Cite as 38 U.S.C. § 5104

Source: Added Pub. L. 101-237, title I, §115(a)(1), Dec. 18, 1989, 103 Stat. 2065, §3004; renumbered § 5104,Pub. L. 102-40, title IV, §402(b)(1)5104,, 105 Stat. 238; amended Pub. L. 102-54, §14(d)(1), June 13, 1991, 105 Stat. 285; Pub. L. 103-446, title XII, §1201(d)(15), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 115-55, §2(e), Aug. 23, 2017, 131 Stat. 1106; Pub. L. 117-168, title VIII, §807(a)(2), Aug. 10, 2022, 136 Stat. 1806.

Notes from the Office of Law Revision Counsel

current through 5/23/2023

EDITORIAL NOTES

PRIOR PROVISIONS

Prior section 5104 was renumbered section 8304 of this title.

AMENDMENTS