[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38 CFR 3.2600]

[Page 357-358]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 3--ADJUDICATION--Table of Contents
 
  Subpart D--Universal Adjudication Rules That Apply to Benefit Claims 
                    Governed by Part 3 of This Title
 
Sec. 3.2600  Review of benefit claims decisions.

    (a) A claimant who has filed a timely Notice of Disagreement with a 
decision of an agency of original jurisdiction on a benefit claim has a 
right to a review of that decision under this section. The review will 
be conducted by a Veterans Service Center Manager or Decision Review 
Officer, at VA's discretion. An individual who did not participate in 
the decision being reviewed will conduct this review. Only a decision 
that has not yet become final (by appellate decision or failure to 
timely appeal) may be reviewed. Review under this section will encompass 
only decisions with which the claimant has expressed disagreement in the 
Notice of Disagreement. The reviewer will consider all evidence of 
record and applicable law, and will give no deference to the decision 
being reviewed.
    (b) Unless the claimant has requested review under this section with 
his or her Notice of Disagreement, VA will, upon receipt of the Notice 
of Disagreement, notify the claimant in writing of his or her right to a 
review under this section. To obtain such a review, the claimant must 
request it not later than 60 days after the date VA mails the notice. 
This 60-day time limit may not be extended. If the claimant fails to 
request review under this section not later than 60 days after the date 
VA mails the notice, VA will proceed with the traditional appellate 
process by issuing a Statement of the Case. A claimant may not have more 
than one review under this section of the same decision.
    (c) The reviewer may conduct whatever development he or she 
considers necessary to resolve any disagreements in the Notice of 
Disagreement, consistent with applicable law. This may include an 
attempt to obtain additional evidence or the holding of an informal 
conference with the claimant. Upon the request of the claimant, the 
reviewer will conduct a hearing under Sec. 3.103(c).
    (d) The reviewer may grant a benefit sought in the claim 
notwithstanding Sec. 3.105(b), but, except as provided in paragraph (e) 
of this section, may not revise the decision in a manner that is less 
advantageous to the claimant than the decision under review. A review 
decision made under this section will include a summary of the evidence, 
a citation to pertinent laws, a discussion of how those laws affect the 
decision,

[[Page 358]]

and a summary of the reasons for the decision.
    (e) Notwithstanding any other provisions of this section, the 
reviewer may reverse or revise (even if disadvantageous to the claimant) 
prior decisions of an agency of original jurisdiction (including the 
decision being reviewed or any prior decision that has become final due 
to failure to timely appeal) on the grounds of clear and unmistakable 
error (see Sec. § 3.105(a)).
    (f) Review under this section does not limit the appeal rights of a 
claimant. Unless a claimant withdraws his or her Notice of Disagreement 
as a result of this review process, VA will proceed with the traditional 
appellate process by issuing a Statement of the Case.
    (g) This section applies to all claims in which a Notice of 
Disagreement is filed on or after June 1, 2001.

(Authority: 38 U.S.C. §§ 5109A and 7105(d))

[66 FR 21874, May 2, 2001, as amended at 67 FR 46868, July 17, 2002]

Editorial Note: For Federal Register citations affecting Sec. 3.1, see the List of Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.




PART I -- DEPT OF VA       CFR





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