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

38 U.S.C. § 7112

Expedited treatment of certain claims

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(a)Remanded Claims.—The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Board of any claim that is remanded to the Secretary by the Court of Appeals for Veterans Claims.(b)Claims Involving Military Sexual Trauma.—The Board shall promptly determine whether a notice of disagreement filed with the Board is a covered case.(c)Definitions.—In this section:(1) The term “covered case” means a case—(A) that concerns a claim for compensation based on military sexual trauma; and(B) for which the appellant has requested a hearing in the notice of disagreement filed with the Board pursuant to section 7105 of this title.(2) The term “military sexual trauma” has the meaning given that term in section 1166 of this title.(Added Pub. L. 108–183, title VII, § 707(b)(1), Dec. 16, 2003, 117 Stat. 2673; amended Pub. L. 117–300, § 2(a)(1), (2)(A), Dec. 27, 2022, 136 Stat. 4379, 4380.)Editorial NotesAmendments

2022—Pub. L. 117–300 substituted “certain” for “remanded” in section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsecs. (b) and (c).

Notes of Decisions
Cited in 150 cases (25 in the last 5 years), 2004–2025 · leading case: Dingess - Hartman v. Nicholson, 19 Vet. App. 473 (Vet. App. 2006).
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Dingess - Hartman v. Nicholson, 19 Vet. App. 473 (Vet. App. 2006). · cites it 2× “The Board shall proceed expeditiously, in accordance with 38 U.S.C. § 7112 . Should the Board rule against Mr.”
Larry A. Pelegrini v. Anthony J. Principi, 18 Vet. App. 112 (Vet. App. 2004). · cites it 2× “394, 397 (1991) – all consistent with this opinion and in accordance with 38 U.S.C. § 7112 (as added by the VBA of 2003, § 707(b), 117 Stat.”
Rick K. Kahana v. Eric K. Shinseki, 24 Vet. App. 428 (Vet. App. 2011). · cites it 2× “CONCLUSION After consideration of the appellant's and Secretary's pleadings, and a review of the record, the portion of the Board's August 10, 2009, decision denying the appellant service connection for a right knee disability is VACATED and the matter is REMANDED to the Board…”
Barney J. Stefl v. R. James Nicholson, 21 Vet. App. 120 (Vet. App. 2007). · cites it 2× “The Board shall proceed expeditiously, in accordance with 38 U.S.C. § 7112 (requiring the Secretary to provide for "expeditious treatment" of claims remanded by the Court).”
Ray A. Mc Clain v. R. James Nicholson, 21 Vet. App. 319 (Vet. App. 2007). · cites it 2× “See 38 U.S.C. § 7112 . III. CONCLUSION Upon consideration of the foregoing, that part of the November 30, 2004, decision of the Board denying Mr.”
Correia v. McDonald, 28 Vet. App. 158 (Vet. App. 2016). “The September 30, 2013, Board decision is VACATED, and the matter is REMANDED for further development and readjudication consistent with this decision.”
Angel S. Nieves-Rodriguez v. James B. Peake, 22 Vet. App. 295 (Vet. App. 2008). “In addition, the Board shall proceed expeditiously, in accordance with 38 U.S.C. § 7112 (expedited treatment of remanded claims).”
Sterling T. Rice v. Eric K. Shinseki, 22 Vet. App. 447 (Vet. App. 2009). “The Board should also proceed expeditiously, in accordance with 38 U.S.C. § 7112 (expedited treatment of remanded claims).”
James v. Barringer v. James B. Peake, 22 Vet. App. 242 (Vet. App. 2008). · cites it 2× “Barringer’s PTSD affected his ability to work and (2) that offered an opinion by the examiner on the rating schedule that unlawfully assumed the function of the rating specialist.”
Robert H. Arneson v. Eric K. Shinseki, 24 Vet. App. 379 (Vet. App. 2011). · cites it 2× “The Board must proceed expeditiously, in accordance with 38 U.S.C. § 7112 (requiring Secretary to provide for "expeditious treatment" of claims remanded by the Court).”
Lawrence Delisio v. Eric K. Shinseki, 25 Vet. App. 45 (Vet. App. 2011). · cites it 2× “These matters are to be provided expeditious treatment on remand in accordance with 38 U.S.C. § 7112 . IV. CONCLUSION Upon consideration of the foregoing, that part of the December 31, 2008, Board decision denying an effective date prior to April 18, 1983, and denying…”
John R. Ramsey Et Al. v. R. James Nicholson, 20 Vet. App. 16 (Vet. App. 2006). · cites it 2× “900 (d); see 38 U.S.C. § 7112 (providing that "Secretary shall take such actions as may be necessary to 27 provide for the expeditious treatment by the Board of any claim that is remanded to the Secretary by the Court of Appeals for Veterans Claims").”
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