U.S. Code » Title 38 » Part PART I— GENERAL PROVISIONS › Chapter CHAPTER 5— AUTHORITY AND DUTIES OF THE SECRETARY › Subchapter SUBCHAPTER I— GENERAL AUTHORITIES

38 U.S.C. § 501

Rules and regulations

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(a) The Secretary has authority to prescribe all rules and regulations which are necessary or appropriate to carry out the laws administered by the Department and are consistent with those laws, including—(1) regulations with respect to the nature and extent of proof and evidence and the method of taking and furnishing them in order to establish the right to benefits under such laws;(2) the forms of application by claimants under such laws;(3) the methods of making investigations and medical examinations; and(4) the manner and form of adjudications and awards.(b) Any rule, regulation, guideline, or other published interpretation or order (and any amendment thereto) issued pursuant to the authority granted by this section or any other provision of this title shall contain citations to the particular section or sections of statutory law or other legal authority upon which such issuance is based. The citation to the authority shall appear immediately following each substantive provision of the issuance.(c) In applying section 552(a)(1) of title 5 to the Department, the Secretary shall ensure that subparagraphs (C), (D), and (E) of that section are complied with, particularly with respect to opinions and interpretations of the General Counsel.(d) The provisions of section 553 of title 5 shall apply, without regard to subsection (a)(2) of that section, to matters relating to loans, grants, or benefits under a law administered by the Secretary.(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 386.)Editorial NotesPrior Provisions

Prior section 501 was renumbered section 1501 of this title.

Provisions similar to those in this section were contained in sections 210(c)(1) and 223(a), (b) of this title prior to repeal by Pub. L. 102–83, § 2(a).

Notes of Decisions
Cited in 240 cases (24 in the last 5 years), 1971–2026 · leading case: John R. Ramsey Et Al. v. R. James Nicholson, 20 Vet. App. 16 (Vet. App. 2006).
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John R. Ramsey Et Al. v. R. James Nicholson, 20 Vet. App. 16 (Vet. App. 2006). · cites it 9× “9 The Court in Lane II noted that the authority cited in the Secretary's response for the adoption of a policy of deferral was the Secretary's general rulemaking authority under 38 U.S.C. § 501 (a) and the legislative history of the 1997 CUE Act.”
Larry A. Pelegrini v. Anthony J. Principi, 18 Vet. App. 112 (Vet. App. 2004). · cites it 3× “5 (2003); see also 38 U.S.C. §§ 501 (authorizing Secretary to prescribe regulations "consistent with" laws administered by VA, including "regulations with respect to the nature and content of proof and evidence" and "the manner and form of adjudications"), 5103A(g) (authorizing…”
Dingess - Hartman v. Nicholson, 19 Vet. App. 473 (Vet. App. 2006). · cites it 2× “See 38 U.S.C. § 501 (a) ("The Secretary has authority to prescribe all 36 rules and regulations which are necessary or appropriate to carry out the laws administered by the Department and are consistent with those laws .”
Holliday v. Principi, 14 Vet. App. 280 (Vet. App. 2001). · cites it 4× “Until the Secretary has addressed these significant uncertainties regarding who gets what kind of a notice and when pursuant to § 5103(a) (it is the Secretary who "has the authority to prescribe all rules and regulations which are necessary or appropriate to carry out the laws…”
Haas v. Peake, 525 F.3d 1168 (Fed. Cir. 2008). · cites it 4× “Second, we agree with the Veterans Court that the regulation reflects a reasonable interpretation of the statute in that it requires some presence in Vietnam, even if the veteran's service largely occurred elsewhere.”
Raymond Gallegos, Claimant-Appellee v. Anthony J. Principi, Sec'y of Vets. Affairs, 283 F.3d 1309 (Fed. Cir. 2002). · cites it 5× “§ 501 , “[t]he Secretary has authority to prescribe all rules and regulations which are necessary or appropriate to carry out the laws administered by the Department and are consistent with those laws.” 38 U.S.C. § 501 *1313 (1994) (emphasis added).”
Marvin O. Johnson v. Eric K. Shinseki, 26 Vet. App. 237 (Vet. App. 2013). · cites it 6× “" Additionally, Congress has granted the Secretary authority to adopt and apply a schedule of disability ratings based on the reduction in earning capacity from specific injuries or combination of injuries based on the average impairments of earning capacity resulting from such…”
Stanley J. Palczewski v. R. James Nicholson, 21 Vet. App. 174 (Vet. App. 2007). · cites it 3× “§ 1110 and a valid exercise of the Secretary’s authority pursuant to 38 U.S.C. § 501 , the Board’s February 2004 decision with respect to denial of entitlement to service connection for hearing loss is affirmed.”
Gallegos v. Gober, 14 Vet. App. 50 (Vet. App. 2000). · cites it 10× “at 357 ; see 38 U.S.C. § 501 (a) ("[t]he Secretary has authority to prescribe all rules and regulations which are necessary or appropriate to carry out the laws administered by the Department and are consistent with those laws"); Lee (Raymond), 13 Vet.”
Trilles v. West, 13 Vet. App. 314 (Vet. App. 2000). · cites it 4× “38 U.S.C. § 501 (a), (b). Under the Secretary's section 501 authority, VA regulations have been prescribed to establish adjudicative procedures for rendering forfeiture decisions.”
Joseph Martinak v. R. James Nicholson, 21 Vet. App. 447 (Vet. App. 2007). · cites it 2× “This omission suggests that judicial review of VA medical examination regulations is allowed, not that it is precluded.”
Nat'l Org. of Vets.' Advocates, Inc. v. Sec'y of Vets. Affairs, 669 F.3d 1340 (Fed. Cir. 2012). · cites it 5× “38 U.S.C. § 501 (a). Specific rules govern the diagnosis of PTSD and the evidence required to connect a diagnosis to military service.”
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