The law › Title 38, Veterans' Benefits › Chapter 59
38 U.S.C. 5904: Recognition of agents and attorneys generally
Created in 1958 by Public Law 85-857. Changed by 9 later laws. No bill we track in this Congress changes it.
3 other sections of the Code cite this one, including 38 U.S.C. 5902, 38 U.S.C. 5903, 38 U.S.C. 7263.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2017
- Pub. L. 115–55 substituted "claimant is provided notice of the agency of original jurisdiction's initial decision under section 5104 of this title" for "notice of disagreement is filed". Law text · (c), (2)
2006
- Pub. L. 109–461, §101(a)(1)(A), inserted heading. (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (a)
- Pub. L. 109–461, §101(a)(1)(A)–(C), designated existing provisions as par. (1), substituted "Except as provided in paragraph (4), the Secretary may recognize" for "The Secretary may recognize", and struck out last sentence which read as follows: "The Secretary may require that indiv… (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (a)
- Pub. L. 109–461, §101(a)(1)(D), added pars. (2) to (6). (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (a)
- Pub. L. 109–461, §101(b)(1), inserted heading. (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (b)
- Pub. L. 109–461, §101(b)(2)–(4), added pars. (6) to (9). (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (b)
- Pub. L. 109–461, §101(e)(1), substituted "paragraph (4)" for "paragraph (3)". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (c)
- Pub. L. 109–461, §101(c)(1), substituted "a notice of disagreement is filed with respect to" for "the Board of Veterans' Appeals first makes a final decision in", struck out "Such a fee may be charged, allowed, or paid in the case of services provided after such date only if an agent or attorney is… (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (c)
- Pub. L. 109–461, §101(d), substituted "after a notice of disagreement is filed with respect to the case" for "after the Board first makes a final decision in the case" and "with the Secretary pursuant to regulations prescribed by the Secretary" for "with the Board at such time as ma… (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (c)
- Pub. L. 109–461, §101(e)(2), (3), added par. (3) and redesignated former par. (3) as (4). (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (c), (4)
- Pub. L. 109–461, §101(f)(1), inserted heading. (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
- Pub. L. 109–461, §101(f)(2), (3), inserted "agent or" before "attorney" in two places and struck out "of this subsection" after "paragraph (2)". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
- Pub. L. 109–461, §101(f)(2), inserted "agent or" before "attorney" in introductory provisions and in cl. (i). (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
- Pub. L. 109–461, §101(f)(4), struck out "of this paragraph" after "subparagraph (A)". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
- Pub. L. 109–461, §101(f)(5), substituted "fee to an agent or attorney" for "attorneys' fee" and struck out "of this subsection" after "paragraph (1)". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
1998
- Pub. L. 105–368 substituted "Court of Appeals for Veterans Claims" for "Court of Veterans Appeals" wherever appearing. (Veterans Programs Enhancement Act of 1998) Law text · (c), (d)
1994
- Pub. L. 103–446 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "A fee agreement referred to in paragraph (1) of this subsection is one under which (i) the amount of the fee payable to the attorney is to be paid to the attorney by the Secretary dir… · (d)
1992
- Pub. L. 102–405, §303(a)(1), substituted "Except as provided in paragraph (3), in" for "In". · (c)
- Pub. L. 102–405, §303(a)(2), added par. (3). · (c)
1991
- Pub. L. 102–40, §402(b)(1), renumbered section 3404 of this title as this section.
- Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in two places. · (a)
- Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration". · (a)
- Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in two places in introductory provisions. · (b)
- Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" in introductory provisions and in par. (4). · (b)
- Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration" in par. (4). · (b)
- Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration". · (c)
- Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration". · (c)
- Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration". · (c)
- Pub. L. 102–40, §402(d)(1), substituted "7263(d)" for "4063(d)". · (c)
- Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing. · (d), (3)
1988
- Pub. L. 100–687 added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: "The Administrator shall determine and pay fees to agents or attorneys recognized under this section in allowed claims for monetary benefits under laws administered by the Veterans… · (c), (d)
1986
- Pub. L. 99–576 substituted "the Administrator" for "he" in introductory text. · (b)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.