§ 5104. Decisions and notices of decisions

• (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.