Claim Raven explanation
What this means
This statute sets out the main options after an agency decision: Higher-Level Review, a Supplemental Claim, or a Board appeal. It also addresses when the same issue can move between administrative review options.
The options are not interchangeable. They differ in evidence rules and filing requirements, and the same issue generally cannot proceed in multiple administrative review lanes at once. Court proceedings raise separate questions.
How this helps your claim
Choose based on what needs to change: the reading of existing evidence, consideration of new evidence, or review by the Board. Keep the issue and decision date clear when completing the required form.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Identify the particular issue and agency decision you want reviewed.
- Decide whether the next step requires new evidence.
- Check deadlines and any pending administrative review of the same issue.
Keep review choices tied to the same issue
A decision can address several issues, and each review request should identify which determination is challenged. The administrative limits concern the same issue, not simply whether an account has more than one pending matter. Keep the decision and issue names consistent across the filing history.
The options differ in whether new evidence is accepted and who reviews the matter. This statute supplies the framework, while implementing rules explain the details. A change between options should not be assumed to preserve every deadline or record opportunity without meeting the applicable conditions.
Can I pursue every administrative review option for the same issue at once?
Generally not under the framework described here. Read the provisions governing elections, withdrawals and later review. Court proceedings raise separate questions and should not be confused with simultaneous administrative lanes. The actual procedural history determines which restrictions and options are relevant.
Official statutory text
38 USC § 5104C
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.
§ 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) Once a claimant takes an action set forth in paragraph (1), the claimant may not take another action set forth in that paragraph with respect to the same claim or same issue contained within the claim until—
(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.
Related references
- 38 USC § 5104B: The Law Behind Higher-Level Review
- 38 USC § 5108: New and relevant evidence for supplemental claims
- 38 USC § 7105: Filing a Board Appeal
- 38 USC § 5107: Benefit of the doubt in VA claims
- 38 CFR § 3.159: VA duty to assist: records and examinations
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