Upon receipt of a returned claim from a higher-level adjudicator or remand by the Board of Veterans' Appeals, the agency of original jurisdiction will expeditiously readjudicate the claim in accordance with 38 U.S.C. 5109B. The agency of original jurisdiction retains jurisdiction of the claim. In readjudicating the claim, the agency of original jurisidction will correct all identified duty to assist errors, complete a new decision and issue notice to the claimant and or his or her legal representative in accordance with 3.103(f). The effective date of any evaluation and award of pension, compensation or dependency and indemnity compensation will be determined in accordance with the date of receipt of the initial claim as prescribed under § 3.2500(g).
[84 FR 172, Jan. 18, 2019]
Notes of Decisions
Cited in
10
cases (
3 in the last 5 years), 2019–2024 · leading case:
190211-3649 (Board of Vet. App. 2019).
190211-3649 (Board of Vet. App. 2019).
“115-55, § 2 (d)(2); 38 C.F.R. § 3.2502 . The matters are REMANDED for the following action: 1.”
190211-3649 (Board of Vet. App. 2019).
“115-55, § 2 (d)(2); 38 C.F.R. § 3.2502 . The matters are REMANDED for the following action: 1.”
190301-3047 (Board of Vet. App. 2019).
“115-55, § 2 (d)(2); 38 C.F.R. § 3.2502 . The matter is REMANDED for the following action: This claim of entitlement to service connection for congenital fusion of C2-3 and degenerative changes at C6-7 with claimed paresthesia, left hand, to include as secondary to…”
190814-21559 (Board of Vet. App. 2020).
“115-55, § 2 (d)(2); 38 C.F.R. § 3.2502 . A claimant may choose to file a new appeal to the Board from such readjudication or request higher-level review or a supplemental claim with the AOJ.”
191030-40367 (Board of Vet. App. 2020).
“See 38 C.F.R. § 3.2502 (under the AMA framework, “upon.”
191029-40411 (Board of Vet. App. 2020).
“See 38 C.F.R. § 3.2502 (under the AMA framework, “upon.”
190220-7760 (Board of Vet. App. 2020).
“115-55, § 2 (d)(2); 38 C.F.R. § 3.2502 . An appellant may choose to file a new appeal to the Board from such readjudication or request higher-level review or a supplemental claim with the AOJ.”
200904-110312 (Board of Vet. App. 2021).
“See 38 C.F.R. § 3.2502 (under the AMA framework, “upon.”
James M. Kernz v. Denis McDonough (Vet. App. 2023).
“§ 5103A(e)(1); see also 38 C.F.R. § 3.2502 (2023). Thus, I don’t think VA can duck giving that evidence due consideration even if Mr.”
John A. Cooper v. Denis McDonough (Vet. App. 2024).
“38 C.F.R. § 3.2502 (a) (2024) ("Upon receipt of a returned claim from a higher-level adjudicator or remand by the Board of Veterans' Appeals, the [AOJ] will expeditiously readjudicate the claim in accordance with 38 U.”
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