38 USC 5104C - Options following decision by agency of original jurisdiction

U.S Code last checked for updates: Dec 21, 2025

§ 5104C.

Options following decision by agency of original jurisdiction

(a)

Within One Year of Decision.—

(1)

Subject to paragraph (2), in any case in which the Secretary renders a decision on a claim, the claimant may take any of the following actions on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision with respect to that claim:

(A)

File a request for higher-level review under section 5104B of this title.

(B)

File a supplemental claim under section 5108 of this title.

(C)

File a notice of disagreement under section 7105 of this title.

(2)

(A)

(i)

the higher-level review, supplemental claim, or notice of disagreement is adjudicated; or

(ii)

the request for higher-level review, supplemental claim, or notice of disagreement is withdrawn.

(B)

Nothing in this subsection shall prohibit a claimant from taking any of the actions set forth in paragraph (1) in succession with respect to a claim or an issue contained within the claim.

(C)

Nothing in this subsection shall prohibit a claimant from taking different actions set forth in paragraph (1) with respect to different claims or different issues contained within a claim.

(D)

The Secretary may, as the Secretary considers appropriate, develop and implement a policy for claimants who—

(i)

take an action under paragraph (1);

(ii)

wish to withdraw the action before the higher-level review, supplemental claim, or notice of disagreement is adjudicated; and

(iii)

in lieu of such action take a different action under paragraph (1).

(b)

More Than One Year After Decision.—

In any case in which the Secretary renders a decision on a claim and more than one year has passed since the date on which the agency of original jurisdiction issues a decision with respect to that claim, the claimant may file a supplemental claim under section 5108 of this title.

(Added Pub. L. 115–55, § 2(h)(1), Aug. 23, 2017, 131 Stat. 1108.)

cite as: 38 USC 5104C