republic-os/legal/us/code/title-38/chapter-51/section-5104.md

type, title, description, jurisdiction, corpus, kind, title_number, title_name, chapter_number, chapter_name, section, citation, status, release_point, release_date, source, source_url, source_identifier, source_file, source_hash, raw_snapshot_hash, text_hash, retrieved_at, confidence, tags

type	title	description	jurisdiction	corpus	kind	title_number	title_name	chapter_number	chapter_name	section	citation	status	release_point	release_date	source	source_url	source_identifier	source_file	source_hash	raw_snapshot_hash	text_hash	retrieved_at	confidence	tags
LegalText	38 U.S.C. § 5104	Decisions and notices of decisions	us	united_states_code	code_section	38	VETERANS’ BENEFITS	51	CLAIMS, EFFECTIVE DATES, AND PAYMENTS	5104	38 U.S.C. § 5104	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip	/us/usc/t38/s5104	data/legal/raw/us/code/title-38/usc38.xml	aa177ac0ef02d0fe4203d7ba729bccefaabe9cdc8bf14a75ae1fc2acdcc65245	372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66	32a358b99e62a827b71502e36a2342b60c95e52cea268f23ee3829f5fcc09ca1	2026-07-04	official	legal us-code

38 U.S.C. § 5104 - Decisions and notices of decisions

Text

(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 claimant’s representative) notice of such decision. The notice shall include an explanation of the procedure for obtaining review of the decision.

(b) Each notice provided under subsection (a) shall also include all of the following:

(1) Identification of the issues adjudicated.

(2) A summary of the evidence considered by the Secretary.

(3) A summary of the applicable laws and regulations.

(4) Identification of findings favorable to the claimant.

(5) In the case of a denial, identification of elements not satisfied leading to the denial.

(6) An explanation of how to obtain or access evidence used in making the decision.

(7) If applicable, identification of the criteria that must be satisfied to grant service connection or the next higher level of compensation.

(c) The Secretary may provide notice under subsection (a) electronically if a claimant (or the claimant’s representative) elects to receive such notice electronically. A claimant (or the claimant’s representative) may revoke such an election at any time, by means prescribed by the Secretary.

(d) The Secretary shall annually—

(1) solicit recommendations from stakeholders on how to improve notice under this section; and

(2) publish such recommendations on a publicly available website of the Department.

(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; Pub. L. 115–55, § 2(e), Aug. 23, 2017, 131 Stat. 1106; Pub. L. 117–168, title VIII, § 807(a)(2), Aug. 10, 2022, 136 Stat. 1806.)

Notes

Editorial Notes

Prior ProvisionsPrior section 5104 was renumbered section 8304 of this title.

Amendments2022—Subsecs. (c), (d). Pub. L. 117–168 added subsecs. (c) and (d). 2017—Subsec. (b). Pub. L. 115–55 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.” 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)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 AmendmentAmendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under this section 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.

Effective DatePub. 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.”

Rule of ConstructionAmendment by Pub. L. 117–168 not to be construed to apply subsec. (a) of this section to decisions of the Board of Veterans’ Appeals under chapter 71 of this title, see section 807(b) of Pub. L. 117–168, set out as a note under section 5100 of this title.