-CITE-

    38 USC Sec. 5104                                            01/02/2006

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    TITLE 38 - VETERANS' BENEFITS

    PART IV - GENERAL ADMINISTRATIVE PROVISIONS

    CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

    SUBCHAPTER I - CLAIMS

-HEAD-

    Sec. 5104. Decisions and notices of decisions

-STATUTE-

      (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, Sec. 115(a)(1), Dec. 18, 1989, 103

    Stat. 2065, Sec. 3004; renumbered Sec. 5104, Pub. L. 102-40, title

    IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102-

    54, Sec. 14(d)(1), June 13, 1991, 105 Stat. 285; Pub. L. 103-446,

    title XII, Sec. 1201(d)(15), Nov. 2, 1994, 108 Stat. 4684.)

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                             PRIOR PROVISIONS                         

      Prior section 5104 was renumbered section 8304 of this title.

                                AMENDMENTS                            

      1994 - Subsec. (a). Pub. L. 103-446 substituted "section 511" for

    "section 211(a)".

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

    this section.

      Pub. L. 102-54 amended section as in effect immediately before

    enactment of Pub. L. 102-40 by 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) of Pub. L. 101-237 provided 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."