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38 U.S.C. § 6301 (VETERANS’ BENEFITS)
§ 6301. Purpose; definitions
(a) Purpose.—
The Congress declares that—
(1) the outreach services program authorized by this chapter is for the purpose of ensuring that all veterans (especially those who have been recently discharged or released from active military, naval, or air service, or from a reserve component, and those who are eligible for readjustment or other benefits and services under laws administered by the Department) are provided timely and appropriate assistance to aid and encourage them in applying for and obtaining such benefits and services in order that they may achieve a rapid social and economic readjustment to civilian life and obtain a higher standard of living for themselves and their dependents; and
(2) the outreach services program authorized by this chapter is for the purpose of charging the Department with the affirmative duty of seeking out eligible veterans and eligible dependents and providing them with such services.
(b) Definitions.—
For the purposes of this chapter—
(1) the term “outreach” means the act or process of reaching out in a systematic manner to proactively provide information, services, and benefits counseling to veterans, and to the spouses, children, and parents of veterans who may be eligible to receive benefits under the laws administered by the Secretary, to ensure that such individuals are fully informed about, and receive assistance in applying for, such benefits;
(2) the term “other governmental programs” includes all programs under State or local laws as well as all programs under Federal law other than those authorized by this title; and
(3) the term “eligible dependent” means a spouse, surviving spouse, child, or dependent parent of a person who served in the active military, naval, or air service.
(Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 407; amended Pub. L. 110–181, div. A, title XVII, § 1710, Jan. 28, 2008, 122 Stat. 494.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7721 of this title prior to repeal by Pub. L. 109–233.
heading: Amendments
text: 2008—Subsec. (a)(1). Pub. L. 110–181, § 1710(a), inserted “, or from a reserve component,” after ”active military, naval, or air service”.
Subsec. (b). Pub. L. 110–181, § 1710(b), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
38 U.S.C. § 6304 (VETERANS’ BENEFITS)
§ 6304. Veterans assistance offices
(a) In General.—
The Secretary shall establish and maintain veterans assistance offices at such places throughout the United States and its territories and possessions, and in the Commonwealth of Puerto Rico, as the Secretary determines to be necessary to carry out the purposes of this chapter. The Secretary may maintain such offices on such military installations located elsewhere as the Secretary, after consultation with the Secretary of Defense and taking into account recommendations, if any, of the Secretary of Labor, determines to be necessary to carry out such purposes.
(b) Location of Offices.—
In establishing and maintaining such offices, the Secretary shall give due regard to—
(1) the geographical distribution of veterans recently discharged or released from active military, naval, or air service;
(2) the special needs of educationally disadvantaged veterans (including their need for accessibility of outreach services); and
(3) the necessity of providing appropriate outreach services in less populated areas.
(Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 409.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7723 of this title prior to repeal by Pub. L. 109–233.
38 U.S.C. § 6305 (VETERANS’ BENEFITS)
§ 6305. Outstationing of counseling and outreach personnel
The Secretary may station employees of the Department at locations other than Department offices, including educational institutions, to provide—
(1) counseling and other assistance regarding benefits under this title to veterans and other persons eligible for benefits under this title; and
(2) outreach services under this chapter.
(Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 409.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7724 of this title prior to repeal by Pub. L. 109–233.
38 U.S.C. § 6306 (VETERANS’ BENEFITS)
§ 6306. Use of other agencies
(a) In carrying out this chapter, the Secretary shall arrange with the Secretary of Labor for the State employment service to match the particular qualifications of an eligible veteran or eligible dependent with an appropriate job or job training opportunity, including, where possible, arrangements for outstationing the State employment personnel who provide such assistance at appropriate facilities of the Department.
(b) In carrying out this chapter, the Secretary shall, in consultation with the Secretary of Labor, actively seek to promote the development and establishment of employment opportunities, training opportunities, and other opportunities for veterans, with particular emphasis on the needs of veterans with service-connected disabilities and other eligible veterans, taking into account applicable rates of unemployment and the employment emphases set forth in chapter 42 of this title.
(c) In carrying out this chapter, the Secretary shall cooperate with and use the services of any Federal department or agency or any State or local governmental agency or recognized national or other organization.
(d) In carrying out this chapter, the Secretary shall, where appropriate, make referrals to any Federal department or agency or State or local governmental unit or recognized national or other organization.
(e) In carrying out this chapter, the Secretary may furnish available space and office facilities for the use of authorized representatives of such governmental unit or other organization providing services.
(f) In carrying out this chapter, the Secretary shall conduct and provide for studies, in consultation with appropriate Federal departments and agencies, to determine the most effective program design to carry out the purposes of this chapter.
(Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 409.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7725 of this title prior to repeal by Pub. L. 109–233.
38 U.S.C. § 6307 (VETERANS’ BENEFITS)
§ 6307. Outreach for eligible dependents
(a) Needs of Dependents.—
In carrying out this chapter, the Secretary shall ensure that the needs of eligible dependents are fully addressed.
(b) Information as to Availability of Outreach Services for Dependents.—
The Secretary shall ensure that the availability of outreach services and assistance for eligible dependents under this chapter is made known through a variety of means, including the Internet, announcements in veterans publications, and announcements to the media.
(Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 410.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7727 of this title prior to repeal by Pub. L. 109–233.
38 U.S.C. § 6308 (VETERANS’ BENEFITS)
§ 6308. Biennial report to Congress
(a) Report Required.—
The Secretary shall, not later than December 1 of every even-numbered year (beginning in 2008), submit to Congress a report on the outreach activities carried out by the Department.
(b) Content.—
Each report under this section shall include the following:
(1) A description of the implementation during the preceding fiscal year of the current biennial plan under section 6302 of this title.
(2) Recommendations for the improvement or more effective administration of the outreach activities of the Department.
(Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 410.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7726 of this title prior to repeal by Pub. L. 109–233.
38 U.S.C. § 7106 (VETERANS’ BENEFITS)
[§ 7106. Repealed. Pub. L. 115–55, § 2(s)(1), Aug. 23, 2017, 131 Stat. 1112]
text: Section, added Pub. L. 87–666, § 1, Sept. 19, 1962, 76 Stat. 554, § 4006; renumbered § 7106 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405, related to application for administrative appeals.
text: Provisions similar to those comprising this section were contained in subsec. (c)(2) of former section 4005 of this title, prior to the general amendment of sections 4005 to 4007 by Pub. L. 87–666.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
38 U.S.C. § 7108 (VETERANS’ BENEFITS)
§ 7108. Rejection of applications
An application for review on appeal shall not be entertained unless it is in conformity with this chapter.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1243, § 4008; renumbered § 7108, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4008 of this title as this section.
38 U.S.C. § 7109 (VETERANS’ BENEFITS)
[§ 7109. Repealed. Pub. L. 115–55, § 2(u)(1), Aug. 23, 2017, 131 Stat. 1113]
text: Section, added Pub. L. 87–671, § 1, Sept. 19, 1962, 76 Stat. 557, § 4009; amended Pub. L. 100–687, div. A, title I, § 103(b), Nov. 18, 1988, 102 Stat. 4107; renumbered § 7109, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405, related to advisory medical opinions from one or more independent medical experts who are not employees of the Department.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
38 U.S.C. § 7111 (VETERANS’ BENEFITS)
§ 7111. Revision of decisions on grounds of clear and unmistakable error
(a) A decision by the Board is subject to revision on the grounds of clear and unmistakable error. If evidence establishes the error, the prior decision shall be reversed or revised.
(b) For the purposes of authorizing benefits, a rating or other adjudicative decision of the Board that constitutes a reversal or revision of a prior decision of the Board on the grounds of clear and unmistakable error has the same effect as if the decision had been made on the date of the prior decision.
(c) Review to determine whether clear and unmistakable error exists in a case may be instituted by the Board on the Board’s own motion or upon request of the claimant.
(d) A request for revision of a decision of the Board based on clear and unmistakable error may be made at any time after that decision is made.
(e) Such a request shall be submitted directly to the Board and shall be decided by the Board on the merits.
(f) A claim filed with the Secretary that requests reversal or revision of a previous Board decision due to clear and unmistakable error shall be considered to be a request to the Board under this section, and the Secretary shall promptly transmit any such request to the Board for its consideration under this section.
(Added Pub. L. 105–111, § 1(b)(1), Nov. 21, 1997, 111 Stat. 2271; amended Pub. L. 115–55, § 2(v), Aug. 23, 2017, 131 Stat. 1113.)
heading: Editorial Notes
heading: Amendments
text: 2017—Subsec. (e). Pub. L. 115–55 struck out “, without referral to any adjudicative or hearing official acting on behalf of the Secretary” after “merits”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2017 Amendment
text: Amendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.
heading: Effective Date
text: Section applicable to any determination made before, on, or after Nov. 21, 1997, see section 1(c)(1) of Pub. L. 105–111, set out as a note under section 5109A of this title.
38 U.S.C. § 7113 (VETERANS’ BENEFITS)
§ 7113. Evidentiary record before the Board of Veterans’ Appeals
(a) Cases With No Request for a Hearing or Additional Evidence.—
For cases in which a hearing before the Board of Veterans’ Appeals is not requested in the notice of disagreement and no request was made to submit evidence, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.
(b) Cases With a Request for a Hearing.—
(1) Except as provided in paragraph (2), for cases in which a hearing is requested in the notice of disagreement, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.
(2) The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:
(A) Evidence submitted by the appellant and his or her representative, if any, at the Board hearing.
(B) Evidence submitted by the appellant and his or her representative, if any, within 90 days following the Board hearing.
(c) Cases With No Request for a Hearing and With a Request for Additional Evidence.—
(1) Except as provided in paragraph (2), for cases in which a hearing is not requested in the notice of disagreement but an opportunity to submit evidence is requested, the evidentiary record before the Board shall be limited to the evidence considered by the agency of original jurisdiction in the decision on appeal.
(2) The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:
(A) Evidence submitted by the appellant and his or her representative, if any, with the notice of disagreement.
(B) Evidence submitted by the appellant and his or her representative, if any, within 90 days following receipt of the notice of disagreement.
(Added Pub. L. 115–55, § 2(w)(1), Aug. 23, 2017, 131 Stat. 1114.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under section 101 of this title.
38 U.S.C. § 7252 (VETERANS’ BENEFITS)
§ 7252. Jurisdiction; finality of decisions
(a) The Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review decisions of the Board of Veterans’ Appeals. The Secretary may not seek review of any such decision. The Court shall have power to affirm, modify, or reverse a decision of the Board or to remand the matter, as appropriate.
(b) Review in the Court shall be on the record of proceedings before the Secretary and the Board. The extent of the review shall be limited to the scope provided in section 7261 of this title. The Court may not review the schedule of ratings for disabilities adopted under section 1155 of this title or any action of the Secretary in adopting or revising that schedule.
(c) Decisions by the Court are subject to review as provided in section 7292 of this title.
(Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4113, § 4052; renumbered § 7252 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(e)(3), June 13, 1991, 105 Stat. 287; Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341.)
heading: Editorial Notes
heading: Amendments
text: 1998—Subsec. (a). Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.
1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4052 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 102–54 amended subsec. (a) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “Court” for “court” in last sentence.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “1155” for “355”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.
Pub. L. 102–40, § 402(d)(1), substituted “7261” for “4061”.
Subsec. (c). Pub. L. 102–40, § 402(d)(1), substituted “7292” for “4092”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
38 U.S.C. § 7256 (VETERANS’ BENEFITS)
§ 7256. Times and places of sessions
The times and places of sessions of the Court of Appeals for Veterans Claims shall be prescribed by the chief judge.
(Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4115, § 4056; renumbered § 7256, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341.)
heading: Editorial Notes
heading: Amendments
text: 1998—Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.
1991—Pub. L. 102–40 renumbered section 4056 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
38 U.S.C. § 7262 (VETERANS’ BENEFITS)
§ 7262. Fee for filing appeals
(a) The Court of Appeals for Veterans Claims may impose a fee of not more than $50 for the filing of any appeal with the Court. The Court shall establish procedures under which such a fee may be waived in the case of an appeal filed by or on behalf of a person who demonstrates that the requirement that such fee be paid will impose a hardship on that person. A decision as to such a waiver is final and may not be reviewed in any other court.
(b) The Court may from time to time adjust the maximum amount permitted for a fee imposed under subsection (a) of this section based upon inflation and similar fees charged by other courts established under Article I of the Constitution.
(Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4115, § 4062; renumbered § 7262, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341.)
heading: Editorial Notes
heading: Amendments
text: 1998—Subsec. (a). Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.
1991—Pub. L. 102–40 renumbered section 4062 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
38 U.S.C. § 7263 (VETERANS’ BENEFITS)
§ 7263. Representation of parties; fee agreements
(a) The Secretary shall be represented before the Court of Appeals for Veterans Claims by the General Counsel of the Department.
(b) Representation of appellants shall be in accordance with the rules of practice prescribed by the Court under section 7264 of this title. In addition to members of the bar admitted to practice before the Court in accordance with such rules of practice, the Court may allow other persons to practice before the Court who meet standards of proficiency prescribed in such rules of practice.
(c) A person who represents an appellant before the Court shall file a copy of any fee agreement between the appellant and that person with the Court at the time the appeal is filed. The Court, on its own motion or the motion of any party, may review such a fee agreement.
(d) In reviewing a fee agreement under subsection (c) of this section or under section 5904(c)(2) of this title, the Court may affirm the finding or order of the Board and may order a reduction in the fee called for in the agreement if it finds that the fee is excessive or unreasonable. An order of the Court under this subsection is final and may not be reviewed in any other court.
(Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4116, § 4063; renumbered § 7263 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341.)
heading: Editorial Notes
heading: Amendments
text: 1998—Subsec. (a). Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.
1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4063 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Subsec. (b). Pub. L. 102–40, § 402(d)(1), substituted “7264” for “4064”.
Subsec. (d). Pub. L. 102–40, § 402(d)(1), substituted “5904(c)(2)” for “3404(c)(2)”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.