38 USC § 5104 - Decisions and notices of decisions | Title 38 - Veterans Benefits | U.S. Code

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Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

(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) In any case where the Secretary denies a benefit sought, the notice required by subsection (a) shall also include

(1) a statement of the reasons for the decision, and

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

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(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) In any case where the Secretary denies a benefit sought, the notice required by subsection (a) shall also include

(1) a statement of the reasons for the decision, and

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

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),May 7, 1991, 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.)

Prior Provisions

Prior section 5104 was renumbered section 8304 of this title.

Amendments

1994—Subsec. (a). Pub. L. 103–446substituted “section 511” for “section 211(a)”.

1991—Pub. L. 102–40renumbered section 3004 of this title as this section.

Pub. L. 102–54amended section as in effect immediately before enactment of Pub. L. 102–40by striking out “(1)” after “(a)” and substituting “(b)” for “(2)”, “subsection (a)” for “paragraph (1) of this subsection”, “(1)” for “(A)”, and “(2)” for “(B)”.

Effective Date

Section 115(b) ofPub. L. 101–237provided that: “Section 3004 [now 5104] of title 38, United States Code, as added by subsection (a), shall apply with respect to decisions by the Secretary of Veterans Affairs made after January 31, 1990.”

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 3, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

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The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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38 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

38 CFR - Title 38—Pensions, Bonuses, and Veterans' Relief

38 CFR Part 21 - VOCATIONAL REHABILITATION AND EDUCATION

38 USC § 5104 - Decisions and notices of decisions

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