An Act to amend section 4005 of title 38, United States Code, to provide that cases appealed to the Board of Veterans Appeals shall contain a brief statement of the facts of the case appealed, with a citation and application of the law, together with the recommendation
PL 87-666 (H.R.857), enacted 09/19/1962

72 Stat. 1240. 
76 STAT. ] 
PUBLIC LAW 87-666-SEPT. 19, 1962 
553 
Public Law 87-666 
A N A C T 
September 19. 1962 
To improve due process in the consideration and final adjudication of disputed —LH.R. 857] 
claims for veterans' benefits by providing that the claimant shall be furnished 
a brief statement of the facts and law applicable to the case appealed and 
afforded an opportunity to reply thereto. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That chapter 71 of 
veterans, 
title 38, United States Code, is amended by deleting sections 4005 and „,e^^of1acts*^*^ 
4007 thereof, redesignating section 4006 as 4007, and inserting after and law. 
section 4004 the following new sections: 
^
^
^ ~-. 
*'§ 4005. Filing of notice of disagreement and appeal 
"(a) Appellate review will be initiated by a notice of disagreement 
and completed by a substantive appeal after a statement of the case 
is furnished as prescribed in this section. Each appellant will be ac-
corded hearing and representation rights pursuant to the provisions 
of this chapter and regulations of the Administrator. 
"(b)(1) Except in the case of simultaneously contested claims, 
notice of disagreement shall be filed within one year from the date 
of mailing of notice of the result of initial review or determination. 
Such notice, and appeals, must be in writing and be filed with the 
activity which entered the determination with which disagreement 
is expressed (hereafter referred to as the 'agency of original juris-
diction') . A notice of disagreement postmarked before the expiration 
of the one-year period will be accepted as timely filed. 
"(2) Notices of disagreement, and appeals, must be in writing and 
may be filed by the claimant, his legal guardian, or such accredited 
representative, attorney, or authorized agent as may be selected by 
him. Not more than one recognized organization, attorney, or agent 
will be recognized at any one time in the prosecution of a claim. 
"(c) If no notice of disagreement is filed in accordance with this 
chapter within the prescribed period, the action or determination 
shall become final and the claim will not thereafter be reopened or 
allowed, except as may otherwise be provided by regulations not 
inconsistent with this title. 
"(d) (1) Where the claimant, or his representative, within the time 
specified in this chapter, files a notice of disagreement with the decision 
of the agency of original jurisdiction, such agency will take such 
development or review action as it deems proper under the provisions 
of regulations not inconsistent with this title. If such action does not 
resolve the disagreement either by granting the benefit sought or 
through withdrawal of the notice of disagreement, such agency will 
prepare a statement of the case consisting of— 
"(A) A summary of the evidence in the case pertinent to the 
issue or issues with which disagreement has been expressed; 
"(B) A citation or discussion of the pertinent law, regulations, 
and, where applicable, the provisions of the Schedule for Rating 
Disabilities; 
"(C) The decision on such issue or issues and a summary of the 
reasons therefor. 
"(2) A statement of the case, as required by this subsection, will 
not disclose matters that would be contrary to section 3301 of this 
title or otherwise contrary to the public interest. 
Such matters may 
be disclosed to a designated representative unless the relationship 
between the claimant and the representative is such that disclosure to 
the representative would be as harmful as if made to the claimant. 
"(3) Copies of the 'statement of the case' prescribed in paragraph 
(1) of this subsection will be submitted to the claimant and to his 
554 
PUBUC LAW 87-666-SEPT. 19, 1962 
[76 STAT. 
representative, if there is one. The claimant will be afforded a period 
of sixty days from the date the statement of the case is mailed to file 
the formal appeal. 
This may be extended for a reasonable period on 
request for good cause shown. The appeal should set out specific 
allegations of error of fact or law, such allegations related to specific 
items in the statement of the case. The benefits sought on appeal 
must be clearly identified. 
The agency of original jurisdiction may 
close the case for failure to respond after receipt of the statement of 
the case, but questions as to timeliness or adequacy of response shall 
be determined by the Board of Veterans' Appeals. 
"(4) The appellant will be presumed to be in agreement with any 
statement of fact contained in the statement of the case to which no 
exception is taken. 
"(5) The Board of Veterans' Appeals will base its decision on the 
entire record and may dismiss any appeal which fails to allege specific 
error of fact or law in the determination being appealed. 
'*§ 4005A. Simultaneously contested claims 
"(a) In simultaneously contested claims where one is allowed and 
one rejected, the time allowed for the filing of a notice of disagreement 
shall be sixty days from the date notice of the adverse action is mailed. 
In such cases the agency of original jurisdiction shall promptly notify 
all parties in interest at the last known address of the action taken, 
expressly .inviting attention to the fact that notice of disagreement 
will not be entertained unless filed within the sixty-day period pre-
scribed by this subsection. 
"(b) Upon the filing of a notice of disagreement, all parties in 
interest will be furnished with a statement of the case in the same 
manner as is prescribed in section 4005. The party in interest who 
filed a notice of disagreement will be allowed thirty days from the date 
of mailing of such statement of the case in which to file a formal 
appeal. 
Extension of time may be granted for good cause shown but 
with consideration to the interests of the other parties involved. The 
substance of the appeal will be communicated to the other party or 
parties in interest and a period of thirty days will be allowed tor filing 
a brief or argument in answer thereto. 
Such notice shall be for-
warded to the last known address of record of the parties concerned, 
and such action shall constitute sufficient evidence of notice. 
'*§ 4006. Administrative appeals 
"Application for review on appeal may be made within the one-year 
period prescribed in section 4005 of this title by such officials of the 
Veterans' Administration as may be designated by the Administrator. 
An application entered under this paragraph shall not operate to 
deprive the claimant of the right of review on appeal as provided in 
this chapter." 
SEC. 2. The table of headings at the beginning of chapter 71 is 
amended by striking; 
} 
"4005. Applications for review on appeal. 
"4006. Docketing of appeals. 
, 
, 
"4007. Simultaneously contested claims." 
''c 
A)?!**!?-', 
and inserting in lieu thereof: 
"4005. Filing of notice of disagreement and appeal. 
"4005A. Simultaneously contested claims. 
"4006. Administrative appeals. 
"4007. Docketing of appeals." 
Effective date. 
SEC. 3. The amendments made by this Act shall be effective Jan-
uary 1,1963. 
Approved September 19, 1962.