-CITE-

    38 USC Sec. 7104                                            01/19/04

-EXPCITE-

    TITLE 38 - VETERANS' BENEFITS

    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

    CHAPTER 71 - BOARD OF VETERANS' APPEALS

-HEAD-

    Sec. 7104. Jurisdiction of the Board

-STATUTE-

      (a) All questions in a matter which under section 511(a) of this

    title is subject to decision by the Secretary shall be subject to

    one review on appeal to the Secretary. Final decisions on such

    appeals shall be made by the Board. Decisions of the Board shall be

    based on the entire record in the proceeding and upon consideration

    of all evidence and material of record and applicable provisions of

    law and regulation.

      (b) Except as provided in section 5108 of this title, when a

    claim is disallowed by the Board, the claim may not thereafter be

    reopened and allowed and a claim based upon the same factual basis

    may not be considered.

      (c) The Board shall be bound in its decisions by the regulations

    of the Department, instructions of the Secretary, and the precedent

    opinions of the chief legal officer of the Department.

      (d) Each decision of the Board shall include - 

        (1) a written statement of the Board's findings and

      conclusions, and the reasons or bases for those findings and

      conclusions, on all material issues of fact and law presented on

      the record; and

        (2) an order granting appropriate relief or denying relief.

      (e)(1) After reaching a decision on a case, the Board shall

    promptly mail a copy of its written decision to the claimant at the

    last known address of the claimant.

      (2) If the claimant has an authorized representative, the Board

    shall - 

        (A) mail a copy of its written decision to the authorized

      representative at the last known address of the authorized

      representative; or

        (B) send a copy of its written decision to the authorized

      representative by any means reasonably likely to provide the

      authorized representative with a copy of the decision within the

      same time a copy would be expected to reach the authorized

      representative if sent by first-class mail.

-SOURCE-

    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1241, Sec. 4004; Pub. L.

    87-97, Sec. 1, July 20, 1961, 75 Stat. 215; Pub. L. 100-687, div.

    A, title I, Sec. 101(b), title II, Secs. 203(a), 204, 205, Nov. 18,

    1988, 102 Stat. 4106, 4110, 4111; renumbered Sec. 7104 and amended

    Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105

    Stat. 238, 239; Pub. L. 102-54, Sec. 14(g)(2), June 13, 1991, 105

    Stat. 288; Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E), (c),

    Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 103-271, Secs. 7(b)(1), 8,

    July 1, 1994, 108 Stat. 743; Pub. L. 104-275, title V, Sec. 509,

    Oct. 9, 1996, 110 Stat. 3344.)

-MISC1-

                                AMENDMENTS                            

      1996 - Subsec. (e). Pub. L. 104-275 amended subsec. (e)

    generally. Prior to amendment, subsec. (e) read as follows: "After

    reaching a decision in a case, the Board shall promptly mail a copy

    of its written decision to the claimant and the claimant's

    authorized representative (if any) at the last known address of the

    claimant and at the last known address of such representative (if

    any)."

      1994 - Subsec. (a). Pub. L. 103-271, Sec. 8, substituted "511(a)"

    for "211(a)".

      Pub. L. 103-271, Sec. 7(b)(1), struck out after second sentence

    "The Board shall decide any such appeal only after affording the

    claimant an opportunity for a hearing."

      1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 4004 of

    this title as this section.

      Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

    "Secretary" for "Administrator" in two places.

      Pub. L. 102-54 made a technical correction to Pub. L. 100-687,

    Sec. 101(b). See 1988 Amendment note below.

      Subsec. (b). Pub. L. 102-40, Sec. 402(d)(1), substituted "5108"

    for "3008".

      Subsec. (c). Pub. L. 102-83, Sec. 4(c), substituted "chief legal

    officer of the Department" for "chief law officer".

      Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

    "Administrator".

      Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

    "Veterans' Administration".

      1988 - Subsec. (a). Pub. L. 100-687, Sec. 101(b), as amended by

    Pub. L. 102-54, substituted "All questions in a matter which under

    section 211(a) of this title is subject to decision by the

    Administrator" for "All questions on claims involving benefits

    under the laws administered by the Veterans' Administration".

      Pub. L. 100-687, Sec. 203(a), inserted at end "The Board shall

    decide any such appeal only after affording the claimant an

    opportunity for a hearing. Decisions of the Board shall be based on

    the entire record in the proceeding and upon consideration of all

    evidence and material of record and applicable provisions of law

    and regulation."

      Subsec. (b). Pub. L. 100-687, Sec. 204, amended subsec. (b)

    generally. Prior to amendment, subsec. (b) read as follows: "When a

    claim is disallowed by the Board, it may not thereafter be reopened

    and allowed, and no claim based upon the same factual basis shall

    be considered; however, where subsequent to disallowance of a

    claim, new and material evidence in the form of official reports

    from the proper service department is secured, the Board may

    authorize the reopening of the claim and review of the former

    decision."

      Subsecs. (d), (e). Pub. L. 100-687, Sec. 205, added subsecs. (d)

    and (e) and struck out former subsec. (d) which read as follows:

    "The decisions of the Board shall be in writing and shall contain

    findings of fact and conclusions of law separately stated."

      1961 - Subsec. (d). Pub. L. 87-97 added subsec. (d).

                     EFFECTIVE DATE OF 1991 AMENDMENT                 

      Section 14(g)(2) of Pub. L. 102-54 provided that the amendment

    made by that section is effective Nov. 18, 1988.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 

      Amendment by sections 101(b) and 204 of Pub. L. 100-687 effective

    Sept. 1, 1989, and amendment by sections 203(a) and 205 of Pub. L.

    100-687 effective Jan. 1, 1989, see section 401(a), (d) of Pub. L.

    100-687, as amended, set out as an Effective Date note under

    section 7251 of this title.

                     EFFECTIVE DATE OF 1961 AMENDMENT                 

      Section 2 of Pub. L. 87-97 provided that: "The amendment made by

    this Act [amending this section] shall take effect as of January 1,

    1962."

-SECREF-

                   SECTION REFERRED TO IN OTHER SECTIONS               

      This section is referred to in sections 7102, 7266 of this title.