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38 U.S.C. § 7105A — Simultaneously contested claims

submitted 64 years ago by Pub. L. 87-666 to r/title-38-VETERANS-BENEFITS · 149 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses simultaneously contested claims. (a) In simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of a notice of disagreement must be sixty days from the date notice of the adverse action is issued.

(a) In simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of a notice of disagreement must be sixty days from the date notice of the adverse action is issued. In such cases the agency of original jurisdiction must promptly notify all parties in interest at the last known address of the action taken, expressly inviting attention to the fact that notice of disagreement will not be entertained unless filed within the sixty-day period prescribed by this subsection. (b)
(1) The substance of the notice of disagreement must be communicated to the other party or parties in interest and a period of thirty days must be allowed for filing a brief or argument in response thereto.
(2) Such notice must be forwarded to the last known address of record of the parties concerned, and such action must constitute sufficient evidence of notice.

the actual law source: uscode.house.gov ↗public domain
(a)

In simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of a notice of disagreement shall be sixty days from the date notice of the adverse action is issued. In such cases the agency of original jurisdiction shall promptly notify all parties in interest at the last known address of the action taken, expressly inviting attention to the fact that notice of disagreement will not be entertained unless filed within the sixty-day period prescribed by this subsection.

(b)
(1)

The substance of the notice of disagreement shall be communicated to the other party or parties in interest and a period of thirty days shall be allowed for filing a brief or argument in response thereto.

(2)

Such notice shall be forwarded to the last known address of record of the parties concerned, and such action shall constitute sufficient evidence of notice.

Source credit: (Added Pub. L. 87–666, § 1, Sept. 19, 1962, 76 Stat. 554, § 4005A; renumbered § 7105A and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 115–55, § 2(r), Aug. 23, 2017, 131 Stat. 1112; Pub. L. 117–168, title VIII, § 807(a)(7), Aug. 10, 2022, 136 Stat. 1806.)

history & why it existsrecord from the source credit
  • 1962Enacted · Pub. L. 87-666 · 76 Stat. 554
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 238, 239
  • 2017Amended · Pub. L. 115-55 · 131 Stat. 1112
  • 2022Amended · Pub. L. 117-168 · 136 Stat. 1806

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-666 on 1962-09-19.

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