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38 U.S.C. § 5104

Title 38 Chapter 51 Current through PL 116-220 ~1 min read Last updated: March 30, 2026 View on OLRC →
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§ 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.

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