VA Laws & Regulations: Disability Claim Rules: Page 11

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1. 38 USC § 5107
   Statute

   Benefit of the doubt in VA claims

   The claimant is generally responsible for presenting and supporting a claim. VA must consider the full record and give the benefit of the doubt when positive and negative evidence about a material issue are approximately balanced.

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2. 38 USC § 5108
   Statute

   New and relevant evidence for supplemental claims

   VA must readjudicate a supplemental claim when new and relevant evidence is presented or secured, considering all the evidence of record.

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3. 38 USC § 5109
   Statute

   Outside Expert Medical Opinions

   VA can obtain an independent expert opinion when the medical complexity or controversy warrants it. This statute also requires notice of the request and a copy of the opinion when received.

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4. 38 USC § 5109A
   Statute

   Revising a VA Decision for Clear and Unmistakable Error

   This statute permits revision of a VA decision based on clear and unmistakable error, often called CUE. A qualifying revision can have the effect of correcting the original decision as of its original date.

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5. 38 USC § 5109B
   Statute

   Expedited Handling After a Return or Remand

   This statute requires expeditious treatment of claims returned by a higher-level adjudicator or remanded by the Board. It addresses the handling of the claim after additional action is ordered.

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6. 38 USC § 5110
   Statute

   Effective Dates and Continuous Pursuit in Federal Law

   This statute governs effective dates for awards and includes exceptions to the general application-date rule. It also describes continuous pursuit through timely review filings that can preserve the initial application date.

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7. 38 USC § 5111
   Statute

   When VA Compensation Payments Begin

   This statute generally starts payment with the first day of the calendar month after an award becomes effective. It also contains exceptions, including a specified catastrophic-disability provision.

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8. 38 USC § 5112
   Statute

   Effective Dates for Reducing or Stopping Benefits

   This law sets date rules for benefit reductions and discontinuances caused by different events. Dependency changes, military pay, administrative error, and medical improvement can involve different provisions.

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9. 38 USC § 5121
   Statute

   Accrued Benefits Owed at a Claimant's Death

   This statute addresses certain periodic benefits that were due and unpaid at death and identifies who may receive them in priority order. It also includes filing and evidentiary requirements.

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10. 38 USC § 5121A
    Statute

    Substitution to Finish a Deceased Claimant's Case

    This statute allows an eligible living person to request substitution when a claimant dies with a claim or appeal pending. Eligibility follows the accrued-benefits categories, and the request generally must be filed within one year of death.

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11. 38 USC § 5124
    Statute

    Using a Statement to Prove a Family Relationship

    This statute permits VA to accept a written statement as proof of specified family events, including marriage, divorce, a child's birth, and a family member's death. It also permits supporting documentation in listed circumstances.

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12. 38 USC § 5125
    Statute

    When VA Can Accept a Private Examination

    A sufficiently complete private physician examination may be accepted for a compensation claim without a confirming VA examination. This statute focuses on whether the report is adequate to decide the claim.

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13. 38 USC § 5126
    Statute

    VA Benefits Without a Mailing Address

    This statute says VA benefits may not be denied solely because a claimant does not have a mailing address. Lack of stable housing or a conventional address does not itself eliminate benefit eligibility.

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14. 38 USC § 7104
    Statute

    What a Board Decision Must Address

    This statute defines the Board's decision-making role and requires written findings, conclusions, and reasons or bases. It also describes the authorities that bind the Board and the treatment of previously disallowed claims.

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15. 38 USC § 7105
    Statute

    Filing a Board Appeal

    This statute governs initiating a Board appeal with the prescribed Notice of Disagreement. It identifies key filing and content requirements, including a general one-year period after the agency decision notice for noncontested claims.

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16. 38 USC § 7107
    Statute

    Board Appeal Dockets and Hearings

    This statute addresses how the Board organizes appeals and handles hearing requests. It also provides for advancing certain cases out of their usual order when the applicable conditions are met.

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17. 38 USC § 7111
    Statute

    Clear and Unmistakable Error in a Board Decision

    This law permits revision of a Board decision for clear and unmistakable error. A qualifying revision can have the same effect as if the corrected decision had been made originally.

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18. 38 USC § 7113
    Statute

    What Evidence the Board Can Consider

    This statute defines the evidentiary record for different modernized Board appeal options. Direct Review, Evidence Submission, and Hearing appeals do not allow the same evidence at the same times.

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19. 38 USC § 7266
    Statute

    Appealing a Board Decision to the Veterans Court

    This statute generally requires a Notice of Appeal to the Court of Appeals for Veterans Claims within 120 days after notice of a final adverse Board decision. The filing goes to the Court.

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