§ 7105A. — Simultaneously contested claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC7105A]
TITLE 38--VETERANS' BENEFITS
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
CHAPTER 71--BOARD OF VETERANS' APPEALS
Sec. 7105A. 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 prescribed 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 7105. 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 for
filing a brief or argument in answer thereto. Such notice shall be
forwarded to the last known address of record of the parties concerned,
and such action shall constitute sufficient evidence of notice.
(Added Pub. L. 87-666, Sec. 1, Sept. 19, 1962, 76 Stat. 554, Sec. 4005A;
renumbered Sec. 7105A and amended Pub. L. 102-40, title IV,
Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)
Prior Provisions
Provisions similar to those comprising this section were contained
in former section 4007 of this title, prior to the general amendment of
sections 4005 to 4007 by Pub. L. 87-666.
Amendments
1991--Pub. L. 102-40 renumbered section 4005A of this title as this
section and substituted ``7105'' for ``4005'' in subsec. (b).
Effective Date
Section effective Jan. 1, 1963, see section 3 of Pub. L. 87-666, set
out as a note under section 7105 of this title.
