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LegalText 38 U.S.C. § 7113 Evidentiary record before the Board of Veterans Appeals us united_states_code code_section 38 VETERANS BENEFITS 71 BOARD OF VETERANS APPEALS 7113 38 U.S.C. § 7113 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/s7113 data/legal/raw/us/code/title-38/usc38.xml 3976b936a3d11d63a8eee64f4b87d930eaafeb807bfbfa6e6962de2d75c8d46e 372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66 a62c617c8bacdc3312f29a8119fce1429ea16d0e5b0b5143c647d5b601d83254 2026-07-04 official
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38 U.S.C. § 7113 - Evidentiary record before the Board of Veterans Appeals

Text

(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. 11555, § 2(w)(1), Aug. 23, 2017, 131 Stat. 1114.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection 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. 11555 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. 11555, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.