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Federal statute · 38 USC § 5104

38 USC 5104: What a VA Decision Letter Must Explain

§ 5104. Decisions and notices of decisions

Claim Raven explanation

What this means

This law lists information a VA decision notice must include, such as the issues decided, evidence considered, favorable findings, reasons an element was not satisfied, and review instructions.

A denial should help you identify what remains unproven. The reasons section, favorable findings, and evidence list each serve a different purpose and should be read together.

How this helps your claim

Use the decision to choose the next evidence or review step. Focus on the missing element and check whether the evidence VA lists includes the records you actually submitted.

What to check in your records

Use your decision, examination reports, and relevant records to check the following points.

  • Compare the decided issues with the benefits you claimed.
  • Check the evidence list, favorable findings, and reasons for denial together.
  • Locate review instructions and any stated criteria for service connection or the next higher rating.

Read the notice in a useful order

Start with the issues and outcomes, then read the favorable findings and reasons an element was not satisfied. Use the evidence list to locate the records behind those findings. This separates what VA accepted from what it still found unproven.

If something appears missing, identify the precise item or explanation rather than treating every denial as defective notice. Preserve the full letter and review instructions. Different issues in one decision can require different follow-up considerations even when they share the same notice date.

Is the evidence list the same thing as VA's reasoning?

No. The list identifies material considered, while the reasons explain how the relevant requirements were resolved. A document can be listed without its treatment being obvious from the list alone. Read those sections together when checking whether the decision adequately explains the disputed finding.

Put this information to use

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Official statutory text

38 USC § 5104

OLRC release through Public Law 119-102 (July 12, 2026). Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.

§ 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.

Related references

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