38 USC: VA Disability Laws Explained: Page 5

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1. 38 USC § 5314
   Statute

   When VA may offset benefits to collect a debt

   Unless recovery is waived, this section generally directs VA to deduct a person's benefit-program debt from future VA payments. It requires notice of dispute and waiver rights, a determination or specified jeopardy finding, and notice of the proposed deductions.

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2. 38 USC § 5314A
   Statute

   The VA process for disputing a benefit debt

   This section requires VA to maintain an efficient, effective, and equitable administrative process for disputing whether a benefit-program debt exists or whether its amount is correct. It also protects a pending dispute from submission to a covered debt collector.

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3. 38 USC § 5501A
   Statute

   Your rights before VA finds you unable to manage benefits

   Before making an adverse mental-capacity determination about managing VA monetary benefits, VA must provide notice and supporting evidence, an opportunity to request a hearing, an opportunity to present evidence, and an opportunity for representation at no government expense.

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4. 38 USC § 5502
   Statute

   VA payments through and supervision of fiduciaries

   This section permits VA to pay benefits directly or through a relative or other fiduciary when that serves the beneficiary's interest. It authorizes supervision, accounting requirements, action against poorly performing fiduciaries, temporary payment arrangements, and rules for held funds.

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5. 38 USC § 5701
   Statute

   Confidentiality and permitted disclosure of VA claim records

   This section makes VA claim files and identifying information confidential and privileged, then lists required and permitted disclosures. It covers claimant access, government and court uses, debt collection, limited address releases, consumer reporting, organ donation, and prescription-monitoring disclosures.

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6. 38 USC § 5702
   Statute

   How to request copies of VA claim records

   This section requires a written or secure electronic request for a disclosable VA record. The request must identify the record, state its intended use, specify certified or uncertified form, and select printed or downloadable format.

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7. 38 USC § 5901
   Statute

   Who may act as a VA claims agent or attorney

   This section generally prohibits an individual from acting as an agent or attorney in preparing, presenting, or prosecuting a VA claim unless VA has recognized that person. It also requires multilingual online warnings and links for reporting and checking representatives.

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8. 38 USC § 5902
   Statute

   VA recognition of service-organization representatives

   This section allows VA to recognize representatives of approved organizations to prepare, present, and prosecute claims. A recognized representative may not charge the claimant for that service and must file the required power of attorney for each claim.

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9. 38 USC § 5903
   Statute

   One-claim recognition for an unpaid representative

   This section permits VA to recognize an individual for one particular claim when the person certifies that no fee or compensation will be charged and files the required power of attorney. The person remains subject to VA's suspension and exclusion standards.

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10. 38 USC § 5904
    Statute

    Accredited VA agents, attorneys, conduct, and fees

    This section governs VA recognition of agents and attorneys, qualification and conduct standards, discipline, when fees may be charged, review of fee agreements, and direct payment of qualifying fees from past-due benefits.

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11. 38 USC § 5905
    Statute

    Criminal penalty for wrongfully withholding VA benefits

    This section makes it a federal offense to wrongfully withhold any part of a benefit or allowed claim that is due to a claimant or beneficiary. The stated penalty is a title 18 fine, imprisonment for up to one year, or both.

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12. 38 USC § 7103
    Statute

    Board reconsideration and correction of obvious error

    A Board decision is final unless the Board Chairman orders reconsideration, either on the Chairman's initiative or on a claimant's motion. The Board may also correct an obvious error in the record on its own motion.

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13. 38 USC § 7112
    Statute

    Expedited treatment for remands and certain MST Board cases

    This section requires expeditious Board treatment of claims remanded by the Court of Appeals for Veterans Claims. It also requires the Board to promptly determine whether a hearing-request case involving a compensation claim based on military sexual trauma is a covered case.

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14. 38 USC § 7252
    Statute

    What the Veterans Court may review

    The Court of Appeals for Veterans Claims has exclusive jurisdiction to review Board of Veterans' Appeals decisions. It may affirm, modify, reverse, or remand a Board decision and generally reviews the record that was before VA and the Board.

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15. 38 USC § 7261
    Statute

    Standards the Veterans Court uses to review a Board decision

    This section defines the Veterans Court's scope of review. The Court decides legal questions, may compel unlawfully withheld or unreasonably delayed action, reviews legal and procedural error, and applies the clearly erroneous standard to adverse material fact findings.

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16. 38 USC § 7263
    Statute

    Representation and fee agreements at the Veterans Court

    This section governs representation before the Court of Appeals for Veterans Claims. The Secretary is represented by VA's General Counsel, while appellant representation follows the Court's rules, including standards for nonlawyer practice the Court permits.

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17. 38 USC § 7291
    Statute

    When a Veterans Court decision becomes final

    This section explains when a Court of Appeals for Veterans Claims decision becomes final, including when no Federal Circuit appeal is filed and after Federal Circuit or Supreme Court proceedings. It also addresses decisions entered after modification, reversal, remand, or rehearing.

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18. 38 USC § 7292
    Statute

    Federal Circuit review of Veterans Court decisions

    This section authorizes Federal Circuit review of Veterans Court decisions on legal validity and interpretation, including statutes, regulations, and constitutional questions. Except for constitutional issues, it generally excludes factual challenges and disputes about applying law to a particular case's facts.

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