§ 7104. — Jurisdiction of the Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC7104]
TITLE 38--VETERANS' BENEFITS
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
CHAPTER 71--BOARD OF VETERANS' APPEALS
Sec. 7104. Jurisdiction of the Board
(a) All questions in a matter which under section 511(a) of this
title is subject to decision by the Secretary shall be subject to one
review on appeal to the Secretary. Final decisions on such appeals shall
be made by the Board. Decisions of the Board shall be based on the
entire record in the proceeding and upon consideration of all evidence
and material of record and applicable provisions of law and regulation.
(b) Except as provided in section 5108 of this title, when a claim
is disallowed by the Board, the claim may not thereafter be reopened and
allowed and a claim based upon the same factual basis may not be
considered.
(c) The Board shall be bound in its decisions by the regulations of
the Department, instructions of the Secretary, and the precedent
opinions of the chief legal officer of the Department.
(d) Each decision of the Board shall include--
(1) a written statement of the Board's findings and conclusions,
and the reasons or bases for those findings and conclusions, on all
material issues of fact and law presented on the record; and
(2) an order granting appropriate relief or denying relief.
(e)(1) After reaching a decision on a case, the Board shall promptly
mail a copy of its written decision to the claimant at the last known
address of the claimant.
(2) If the claimant has an authorized representative, the Board
shall--
(A) mail a copy of its written decision to the authorized
representative at the last known address of the authorized
representative; or
(B) send a copy of its written decision to the authorized
representative by any means reasonably likely to provide the
authorized representative with a copy of the decision within the
same time a copy would be expected to reach the authorized
representative if sent by first-class mail.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1241, Sec. 4004; Pub. L. 87-97,
Sec. 1, July 20, 1961, 75 Stat. 215; Pub. L. 100-687, div. A, title I,
Sec. 101(b), title II, Secs. 203(a), 204, 205, Nov. 18, 1988, 102 Stat.
4106, 4110, 4111; renumbered Sec. 7104 and amended Pub. L. 102-40, title
IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L.
102-54, Sec. 14(g)(2), June 13, 1991, 105 Stat. 288; Pub. L. 102-83,
Sec. 4(a)(3), (4), (b)(1), (2)(E), (c), Aug. 6, 1991, 105 Stat. 404-406;
Pub. L. 103-271, Secs. 7(b)(1), 8, July 1, 1994, 108 Stat. 743; Pub. L.
104-275, title V, Sec. 509, Oct. 9, 1996, 110 Stat. 3344.)
Amendments
1996--Subsec. (e). Pub. L. 104-275 amended subsec. (e) generally.
Prior to amendment, subsec. (e) read as follows: ``After reaching a
decision in a case, the Board shall promptly mail a copy of its written
decision to the claimant and the claimant's authorized representative
(if any) at the last known address of the claimant and at the last known
address of such representative (if any).''
1994--Subsec. (a). Pub. L. 103-271, Sec. 8, substituted ``511(a)''
for ``211(a)''.
Pub. L. 103-271, Sec. 7(b)(1), struck out after second sentence
``The Board shall decide any such appeal only after affording the
claimant an opportunity for a hearing.''
1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 4004 of
this title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in two places.
Pub. L. 102-54 made a technical correction to Pub. L. 100-687,
Sec. 101(b). See 1988 Amendment note below.
Subsec. (b). Pub. L. 102-40, Sec. 402(d)(1), substituted ``5108''
for ``3008''.
Subsec. (c). Pub. L. 102-83, Sec. 4(c), substituted ``chief legal
officer of the Department'' for ``chief law officer''.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator''.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration''.
1988--Subsec. (a). Pub. L. 100-687, Sec. 101(b), as amended by Pub.
L. 102-54, substituted ``All questions in a matter which under section
211(a) of this title is subject to decision by the Administrator'' for
``All questions on claims involving benefits under the laws administered
by the Veterans' Administration''.
Pub. L. 100-687, Sec. 203(a), inserted at end ``The Board shall
decide any such appeal only after affording the claimant an opportunity
for a hearing. Decisions of the Board shall be based on the entire
record in the proceeding and upon consideration of all evidence and
material of record and applicable provisions of law and regulation.''
Subsec. (b). Pub. L. 100-687, Sec. 204, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``When a
claim is disallowed by the Board, it may not thereafter be reopened and
allowed, and no claim based upon the same factual basis shall be
considered; however, where subsequent to disallowance of a claim, new
and material evidence in the form of official reports from the proper
service department is secured, the Board may authorize the reopening of
the claim and review of the former decision.''
Subsecs. (d), (e). Pub. L. 100-687, Sec. 205, added subsecs. (d) and
(e) and struck out former subsec. (d) which read as follows: ``The
decisions of the Board shall be in writing and shall contain findings of
fact and conclusions of law separately stated.''
1961--Subsec. (d). Pub. L. 87-97 added subsec. (d).
Effective Date of 1991 Amendment
Section 14(g)(2) of Pub. L. 102-54 provided that the amendment made
by that section is effective Nov. 18, 1988.
Effective Date of 1988 Amendment
Amendment by sections 101(b) and 204 of Pub. L. 100-687 effective
Sept. 1, 1989, and amendment by sections 203(a) and 205 of Pub. L. 100-
687 effective Jan. 1, 1989, see section 401(a), (d) of Pub. L. 100-687,
as amended, set out as an Effective Date note under section 7251 of this
title.
Effective Date of 1961 Amendment
Section 2 of Pub. L. 87-97 provided that: ``The amendment made by
this Act [amending this section] shall take effect as of January 1,
1962.''
Section Referred to in Other Sections
This section is referred to in sections 7102, 7266 of this title.
