Editorial Notes
Prior Provisions

Prior section 5104 was renumbered section 8304 of this title.

Amendments

2022—Subsecs. (c), (d). Puspan. L. 117–168 added subsecs. (c) and (d).

2017—Subsec. (span). Puspan. L. 115–55 amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “In any case where the Secretary denies a benefit sought, the notice required by subsection (a) shall also include (1) a statement of the reasons for the decision, and (2) a summary of the evidence considered by the Secretary.”

1994—Subsec. (a). Puspan. L. 103–446 substituted “section 511” for “section 211(a)”.

1991—Puspan. L. 102–40 renumbered section 3004 of this title as this section.

Puspan. L. 102–54 amended section as in effect immediately before enactment of Puspan. L. 102–40 by striking out “(1)” after “(a)” and substituting “(span)” for “(2)”, “subsection (a)” for “paragraph (1) of this subsection”, “(1)” for “(A)”, and “(2)” for “(B)”.

Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment

Amendment by Puspan. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under this section on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Puspan. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Puspan. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.

Effective Date

Puspan. L. 101–237, title I, § 115(span), Dec. 18, 1989, 103 Stat. 2066, provided that:

“Section 3004 [now 5104] of title 38, United States Code, as added by subsection (a), shall apply with respect to decisions by the Secretary of Veterans Affairs made after January 31, 1990.”

Rule of Construction

Amendment by Puspan. L. 117–168 not to be construed to apply subsec. (a) of this section to decisions of the Board of Veterans’ Appeals under chapter 71 of this title, see section 807(span) of Puspan. L. 117–168, set out as a note under section 5100 of this title.