38 U.S.C. § 5104B — Higher-level review by the agency of original jurisdiction
submitted 9 years ago by Pub. L. 115-55 to r/title-38-VETERANS-BENEFITS · 278 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
A claimant* may request a review of the decision of the agency of original jurisdiction* by a higher-level adjudicator within the agency of original jurisdiction.
The Secretary* shall approve each request for review under paragraph (1).
A request for higher-level review by the agency of original jurisdiction shall be—
in writing in such form as the Secretary may prescribe; and
made within one year of the notice* of the agency of original jurisdiction’s decision.
Such request may specifically indicate whether such review is requested by a higher-level adjudicator at the same office within the agency of original jurisdiction or by an adjudicator at a different office of the agency of original jurisdiction. The Secretary shall not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause.
Notice of a higher-level review decision under this section shall be provided to the claimant (and any representative of such claimant) and shall include a general statement—
reflecting whether evidence was not considered pursuant to subsection (d); and
noting the options available to the claimant to have the evidence described in paragraph (1), if any, considered by the Department*.
The evidentiary record before the higher-level adjudicator shall be limited to the evidence of record in the agency of original jurisdiction decision being reviewed.
A review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction shall be de novo.
Source credit: (Added Pub. L. 115–55, § 2(g)(1), Aug. 23, 2017, 131 Stat. 1107; amended Pub. L. 117–168, title VIII, § 807(a)(3), Aug. 10, 2022, 136 Stat. 1806.)
- 2017Enacted · Pub. L. 115-55 · 131 Stat. 1107
- 2022Amended · Pub. L. 117-168 · 136 Stat. 1806
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-55 on 2017-08-23.
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