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The law › Title 38, Veterans' Benefits › Chapter 71

38 U.S.C. 7104: Jurisdiction of the Board; decisions; notice

Created in 1958 by Public Law 85-857. Changed by 9 later laws. No bill we track in this Congress changes it.

4 other sections of the Code cite this one, including 38 U.S.C. 3696, 38 U.S.C. 5904, 38 U.S.C. 7102, 38 U.S.C. 7266.

1 part of federal rules cite it as their authority, written by Department of Veterans Affairs (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2022

    • Pub. L. 117–168, §807(a)(5)(A), inserted "; decisions; notice" after "Board" in section catchline. (Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022" or the "Honoring our PACT Act of 2022) Law text
    • Pub. L. 117–168, §807(a)(5)(B), added subsecs. (e) and (f) and struck out former subsec. (e) which related to mailing a copy of a written decision to the claimant or mailing or otherwise sending a copy to an authorized representative of the claimant. (Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022" or the "Honoring our PACT Act of 2022) Law text · (e), (f)

    2017

    • Pub. L. 115–55, §2(p), substituted "readjudicated" for "reopened". Law text · (b)
    • Pub. L. 115–55, §2(w)(2), added par. (2) and redesignated former par. (2) as (3). Law text · (d), (3)

    1996

    • 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 add… (Veterans' Benefits Improvements Act of 1996) Law text · (e)

    1994

    • Pub. L. 103–271, §8, substituted "511(a)" for "211(a)". · (a)
    • Pub. L. 103–271, §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." · (a)

    1991

    • Pub. L. 102–40, §402(b)(1), renumbered section 4004 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. 102–54 made a technical correction to Pub. L. 100–687, §101(b). See 1988 Amendment note below. · (a)
    • Pub. L. 102–40, §402(d)(1), substituted "5108" for "3008". · (b)
    • Pub. L. 102–83, §4(c), substituted "chief legal officer of the Department" for "chief law officer". · (c)
    • Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator". · (c)
    • Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration". · (c)

    1988

    • Pub. L. 100–687, §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' Administrati… · (a)
    • Pub. L. 100–687, §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… · (a)
    • Pub. L. 100–687, §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 … · (b)
    • Pub. L. 100–687, §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." · (d), (e)

    1961

    • Pub. L. 87–97 added subsec. (d). · (d)

    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.