Us Code § 7113 - Evidentiary record before the Board of Veterans' Appeals

Full text of Us Code United States Code § 7113 — Evidentiary record before the Board of Veterans' Appeals, with citation guidance and answers to common questions.

§ 7113. Evidentiary record before the Board of Veterans' Appeals

(a) Cases With No Request for a Hearing or Additional Evidence.—For cases in which a hearing before the Board of Veterans' Appeals is not requested in the notice of disagreement and no request was made to submit evidence, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.

(b) Cases With a Request for a Hearing.—(1) Except as provided in paragraph (2), for cases in which a hearing is requested in the notice of disagreement, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.

(2) The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:

(A) Evidence submitted by the appellant and his or her representative, if any, at the Board hearing.

(B) Evidence submitted by the appellant and his or her representative, if any, within 90 days following the Board hearing.


(c) Cases With No Request for a Hearing and With a Request for Additional Evidence.—(1) Except as provided in paragraph (2), for cases in which a hearing is not requested in the notice of disagreement but an opportunity to submit evidence is requested, the evidentiary record before the Board shall be limited to the evidence considered by the agency of original jurisdiction in the decision on appeal.

(2) The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:

(A) Evidence submitted by the appellant and his or her representative, if any, with the notice of disagreement.

(B) Evidence submitted by the appellant and his or her representative, if any, within 90 days following receipt of the notice of disagreement.

(Added Pub. L. 115–55, §2(w)(1), Aug. 23, 2017, 131 Stat. 1114.)


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.

CHAPTER 72—UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SUBCHAPTER I—ORGANIZATION AND JURISDICTION

Sec.
7251.
Status.
7252.
Jurisdiction; finality of decisions.
7253.
Composition.
7254.
Organization.
7255.
Offices, duty stations, and residences.
7256.
Times and places of sessions.
7257.
Recall of retired judges.

        

SUBCHAPTER II—PROCEDURE

7261.
Scope of review.
7262.
Fee for filing appeals.
7263.
Representation of parties; fee agreements.
7264.
Rules of practice and procedure.
7265.
Contempt authority; assistance to the Court.
7266.
Notice of appeal.
7267.
Decisions.
7268.
Availability of proceedings.
7269.
Publication of decisions.

        

SUBCHAPTER III—MISCELLANEOUS PROVISIONS

7281.
Employees.
7282.
Budget and expenditures.
7283.
Disposition of fees.
7284.
Fee for transcript of record.
7285.
Practice and registration fees.
7286.
Judicial Conference of the Court.
7287.
Administration.
7288.
Annual report.

        

SUBCHAPTER IV—DECISIONS AND REVIEW

7291.
Date when Court decision becomes final.
7292.
Review by United States Court of Appeals for the Federal Circuit.

        

SUBCHAPTER V—RETIREMENT AND SURVIVORS ANNUITIES

7296.
Retirement of judges.
7297.
Survivor annuities.
7298.
Retirement Fund.
7299.
Limitation on activities of retired judges.

        

Editorial Notes

Amendments

2013—Pub. L. 112–260, title III, §302(a)(2), Jan. 10, 2013, 126 Stat. 2425, which directed amendment of the table of sections for chapter 72 by adding item 7255 and striking out former item 7255 "Offices", without specifying the Code title to be amended, was executed to the table of sections for this chapter, to reflect the probable intent of Congress.

2008—Pub. L. 110–389, title VI, §604(b), Oct. 10, 2008, 122 Stat. 4179, added item 7288.

2001—Pub. L. 107–103, title VI, §§604(c)(2), 605(b), Dec. 27, 2001, 115 Stat. 1000, substituted "Practice and registration fees" for "Practice fee" in item 7285 and added item 7287.

1999—Pub. L. 106–117, title X, §§1021(b), 1024(b), Nov. 30, 1999, 113 Stat. 1592, 1594, added items 7257 and 7299.

1998—Pub. L. 105–368, title V, §512(a)(3), (4)(A), Nov. 11, 1998, 112 Stat. 3341, substituted "APPEALS FOR VETERANS CLAIMS" for "VETERANS APPEALS" in chapter heading, struck out "of Veterans Appeals" after "Court" in item 7286, substituted "Court decision" for "United States Court of Veterans Appeals decision" in item 7291, and struck out "Court of Veterans Appeals" before "Retirement Fund" in item 7298.

1991—Pub. L. 102–82, §2(b), Aug. 6, 1991, 105 Stat. 375, added item 7286.

Pub. L. 102–40, title IV, §402(c)(1), May 7, 1991, 105 Stat. 239, renumbered items 4051 to 4098 as 7251 to 7298, respectively.

1989—Pub. L. 101–94, title I, §101(b), Aug. 16, 1989, 103 Stat. 625, added subchapter V heading and items 4096 to 4098.

SUBCHAPTER I—ORGANIZATION AND JURISDICTION

About This Section

38 U.S.C. § 7113 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. § 7113. 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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Sources

Source: official Us Code text · Last verified 2026-08-27

Frequently Asked Questions About Us Code § 7113

What does United States Code § 7113 cover?

Section 7113 ("Evidentiary record before the Board of Veterans' Appeals") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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Is this the official text of Us Code law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Us Code official source linked on this page or consult a licensed Us Code attorney.

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