Us Code § 5104C - Options following decision by agency of original jurisdiction
Full text of Us Code United States Code § 5104C — Options following decision by agency of original jurisdiction, with citation guidance and answers to common questions.
§ 5104C. Options following decision by agency of original jurisdiction
(a)
(A) File a request for higher-level review under section 5104B of this title.
(B) File a supplemental claim under section 5108 of this title.
(C) File a notice of disagreement under section 7105 of this title.
(2)(A) Once a claimant takes an action set forth in paragraph (1), the claimant may not take another action set forth in that paragraph with respect to the same claim or same issue contained within the claim until—
(i) the higher-level review, supplemental claim, or notice of disagreement is adjudicated; or
(ii) the request for higher-level review, supplemental claim, or notice of disagreement is withdrawn.
(B) Nothing in this subsection shall prohibit a claimant from taking any of the actions set forth in paragraph (1) in succession with respect to a claim or an issue contained within the claim.
(C) Nothing in this subsection shall prohibit a claimant from taking different actions set forth in paragraph (1) with respect to different claims or different issues contained within a claim.
(D) The Secretary may, as the Secretary considers appropriate, develop and implement a policy for claimants who—
(i) take an action under paragraph (1);
(ii) wish to withdraw the action before the higher-level review, supplemental claim, or notice of disagreement is adjudicated; and
(iii) in lieu of such action take a different action under paragraph (1).
(b)
(Added Pub. L. 115–55, §2(h)(1), Aug. 23, 2017, 131 Stat. 1108.)
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
About This Section
38 U.S.C. § 5104C is part of Title 38 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 38 U.S.C. § 5104C. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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