38-U.S.C.-5104
§5104 – Decisions and Notices of Decisions
Pathway
Title 38 > Part IV > Chapter 51 > Subchapter I > Section 5104
Details
- Reference: Section 5104
- Legend: §5104 – Decisions and Notices of Decisions
- USCode Year: 2013
Provision Content
(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 claimants 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.
(Added Pub. L. 101–237, title I, §115(a)(1), Dec. 18, 1989, 103 Stat. 2065, §3004; renumbered §5104, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–54, §14(d)(1), June 13, 1991, 105 Stat. 285; Pub. L. 103–446, title XII, §1201(d)(15), Nov. 2, 1994, 108 Stat. 4684.)
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
Pub. L. 101–237, title I, §115(b), Dec. 18, 1989, 103 Stat. 2066, 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.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-4331 in the Legal Encyclopedia: Veterans
In this entry about 38-U.S.C.-4331, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.
31-U.S.C.-3723 in the Legal Encyclopedia: Claims
In this entry about 31-U.S.C.-3723, find legal reference material, bibliographies and premiere content related to claims in the American Encyclopedia of Law, presenting a comprehensive view of the United States claims-specific issues, written by authorities in the field.
38-U.S.C.-5101 in the Legal Encyclopedia: Benefits
In this entry about 38-U.S.C.-5101, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.
Chapter 51 – Claims, Effective Dates, and Payments in the Legal Encyclopedia: Administrative Provisions
In this entry about Chapter 51 – Claims, Effective Dates, and Payments, find legal reference material, bibliographies and premiere content related to administrative provisions in the American Encyclopedia of Law, presenting a comprehensive view of the United States administrative provisions-specific issues, written by authorities in the field.
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