U.S. Code » Title 38 » Part PART V— BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 71— BOARD OF VETERANS’ APPEALS

38 U.S.C. § 7105A

Simultaneously contested claims

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(a) In simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of a notice of disagreement shall be sixty days from the date notice of the adverse action is issued. In such cases the agency of original jurisdiction shall promptly notify all parties in interest at the last known address of the action taken, expressly inviting attention to the fact that notice of disagreement will not be entertained unless filed within the sixty-day period prescribed by this subsection.(b)(1) The substance of the notice of disagreement shall be communicated to the other party or parties in interest and a period of thirty days shall be allowed for filing a brief or argument in response thereto.(2) Such notice shall be forwarded to the last known address of record of the parties concerned, and such action shall constitute sufficient evidence of notice.(Added Pub. L. 87–666, § 1, Sept. 19, 1962, 76 Stat. 554, § 4005A; renumbered § 7105A and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 115–55, § 2(r), Aug. 23, 2017, 131 Stat. 1112; Pub. L. 117–168, title VIII, § 807(a)(7), Aug. 10, 2022, 136 Stat. 1806.)Editorial NotesPrior Provisions

Provisions similar to those comprising this section were contained in former section 4007 of this title, prior to the general amendment of sections 4005 to 4007 by Pub. L. 87–666.

Amendments

2022—Subsec. (a). Pub. L. 117–168 substituted “issued” for “mailed”.

2017—Subsec. (b). Pub. L. 115–55 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Upon the filing of a notice of disagreement, all parties in interest will be furnished with a statement of the case in the same manner as is prescribed in section 7105. The party in interest who filed a notice of disagreement will be allowed thirty days from the date of mailing of such statement of the case in which to file a formal appeal. Extension of time may be granted for good cause shown but with consideration to the interests of the other parties involved. The substance of the appeal will be communicated to the other party or parties in interest and a period of thirty days will be allowed for filing a brief or argument in answer thereto. Such notice shall be forwarded to the last known address of record of the parties concerned, and such action shall constitute sufficient evidence of notice.”

1991—Pub. L. 102–40 renumbered section 4005A of this title as this section and substituted “7105” for “4005” in subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 2017 Amendment

Amendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title 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 Pub. 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 Pub. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.

Effective Date

Section effective Jan. 1, 1963, see section 3 of Pub. L. 87–666, set out as a note under section 7105 of this title.

Rule of Construction

Amendment by Pub. L. 117–168 not to be construed to apply section 5104(a) of this title to decisions of the Board of Veterans’ Appeals under chapter 71 of this title, see section 807(b) of Pub. L. 117–168, set out as a note under section 5100 of this title.

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1993–2022 · leading case: Mariella B. Mason v. Eric K. Shinseki, 26 Vet. App. 1 (Vet. App. 2012).
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Mariella B. Mason v. Eric K. Shinseki, 26 Vet. App. 1 (Vet. App. 2012). · cites it 16× “The fundamental issue in this case is whether VA may consider an attorney-fees determination to be a “simultaneously contested claim” subject to a 60-day NOD filing period under 38 U.S.C. § 7105A. The Court holds that VA’s application of section 7105A to an attorney-fees…”
Mason v. Shinseki, 743 F.3d 1370 (Fed. Cir. 2014). · cites it 3× “38 U.S.C. § 7105A. Here, a VA regional office (“RO”) applied § 7105A’s sixty-day period to’ reject as untimely an NOD filed by an attorney ninety days after the VA denied his direct-fee request.”
Catherine Cornell v. Robert A. McDonald, 28 Vet. App. 297 (Vet. App. 2016). · cites it 4× “The Court referred this case to a panel, with oral argument, 1 to determine whether the direct fee agreement dispute constitutes a simultaneously contested claim pursuant to 38 U.S.C. § 7105A, and if so, whether Mr.”
Thurber v. Brown, 5 Vet. App. 119 (Vet. App. 1993). “38 U.S.C.A. § 7105A (West 1991); 38 C.F.R.”
Karen Gordon v. R. James Nicholson, 21 Vet. App. 270 (Vet. App. 2007). · cites it 2× “Significantly, however, the statutes and regulations governing the VA contemplate adversarial proceedings on claims, see 38 U.S.C. § 7105A (simultaneously contested claims); 38 C.”
Snyder v. Gober, 14 Vet. App. 154 (Vet. App. 2000). “See 38 U.S.C. § 7105A (provision for filing NOD in simultaneously contested claims).”
Elias v. Brown, 10 Vet. App. 259 (Vet. App. 1997). “Because no appeal was received by the RO within the 30-day appeal period (38 U.S.C. § 7105A(b)), the remaining one-half share was paid to Rene.”
Debra B. Sapp v. Robert L. Wilkie (Vet. App. 2019). · cites it 7× “See 38 U.S.C. § 7105A. The SOC "will contain only information which directly affects the payment or potential payment of the benefit(s) which is (are) the subject of that contested claim.”
John B. Wells v. Denis McDonough (Vet. App. 2022). · cites it 7× “§ 5904 , which governs attorney fees, nor 38 U.S.C. § 7105A, which governs simultaneously contested claims, specifically permits a 60-day waiting period.”
210330-150069 (Board of Vet. App. 2021). “This case involves a simultaneously contested claim; therefore, the provisions of 38 U.S.C. § 7105A are applicable. Cases involving simultaneously contested claims are also subject to special procedural regulations.”
200401-75439 (Board of Vet. App. 2021). “This case involves a simultaneously contested claim; therefore, the provisions of 38 U.S.C. § 7105A are applicable. Cases involving simultaneously contested claims are also subject to special procedural regulations.”
Kenneth H. Dojaquez & Phillip Poole v. Denis McDonough (Vet. App. 2022). “at 8 (first quoting 38 U.S.C. § 7105A; and then quoting 38 C.”
Show all 14 citing cases →
— 38 U.S.C. § 7105A(a) — 5 cases
Mariella B. Mason v. Eric K. Shinseki, 26 Vet. App. 1 (Vet. App. 2012). “The fundamental issue in this case is whether VA may consider an attorney-fees determination to be a “simultaneously contested claim” subject to a 60-day NOD filing period under 38 U.S.C. § 7105A. The Court holds that VA’s application of section 7105A to an attorney-fees…”
Mason v. Shinseki, 743 F.3d 1370 (Fed. Cir. 2014). “38 U.S.C. § 7105A. Here, a VA regional office (“RO”) applied § 7105A’s sixty-day period to’ reject as untimely an NOD filed by an attorney ninety days after the VA denied his direct-fee request.”
Catherine Cornell v. Robert A. McDonald, 28 Vet. App. 297 (Vet. App. 2016). “The Court referred this case to a panel, with oral argument, 1 to determine whether the direct fee agreement dispute constitutes a simultaneously contested claim pursuant to 38 U.S.C. § 7105A, and if so, whether Mr.”
John B. Wells v. Denis McDonough (Vet. App. 2022). “§ 5904 , which governs attorney fees, nor 38 U.S.C. § 7105A, which governs simultaneously contested claims, specifically permits a 60-day waiting period.”
Debra B. Sapp v. Robert L. Wilkie (Vet. App. 2019). “See 38 U.S.C. § 7105A. The SOC "will contain only information which directly affects the payment or potential payment of the benefit(s) which is (are) the subject of that contested claim.”
— 38 U.S.C. § 7105A(b) — 4 cases
Mariella B. Mason v. Eric K. Shinseki, 26 Vet. App. 1 (Vet. App. 2012). “The fundamental issue in this case is whether VA may consider an attorney-fees determination to be a “simultaneously contested claim” subject to a 60-day NOD filing period under 38 U.S.C. § 7105A. The Court holds that VA’s application of section 7105A to an attorney-fees…”
Catherine Cornell v. Robert A. McDonald, 28 Vet. App. 297 (Vet. App. 2016). “The Court referred this case to a panel, with oral argument, 1 to determine whether the direct fee agreement dispute constitutes a simultaneously contested claim pursuant to 38 U.S.C. § 7105A, and if so, whether Mr.”
Elias v. Brown, 10 Vet. App. 259 (Vet. App. 1997). “Because no appeal was received by the RO within the 30-day appeal period (38 U.S.C. § 7105A(b)), the remaining one-half share was paid to Rene.”
Debra B. Sapp v. Robert L. Wilkie (Vet. App. 2019). “See 38 U.S.C. § 7105A. The SOC "will contain only information which directly affects the payment or potential payment of the benefit(s) which is (are) the subject of that contested claim.”
— 38 U.S.C. § 7105A(b)(1) — 1 case
Debra B. Sapp v. Robert L. Wilkie (Vet. App. 2019). “See 38 U.S.C. § 7105A. The SOC "will contain only information which directly affects the payment or potential payment of the benefit(s) which is (are) the subject of that contested claim.”
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