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

38 U.S.C. § 7113

Evidentiary record before the Board of Veterans’ Appeals

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 38 CasesGoogle Scholar
(a)Cases With No Request for a Hearing or Additional Evidence.—For cases in which a hearing before the Board of Veterans’ Appeals is not requested in the notice of disagreement and no request was made to submit evidence, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.(b)Cases With a Request for a Hearing.—(1) Except as provided in paragraph (2), for cases in which a hearing is requested in the notice of disagreement, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.(2) The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:(A) Evidence submitted by the appellant and his or her representative, if any, at the Board hearing.(B) Evidence submitted by the appellant and his or her representative, if any, within 90 days following the Board hearing.(c)Cases With No Request for a Hearing and With a Request for Additional Evidence.—(1) Except as provided in paragraph (2), for cases in which a hearing is not requested in the notice of disagreement but an opportunity to submit evidence is requested, the evidentiary record before the Board shall be limited to the evidence considered by the agency of original jurisdiction in the decision on appeal.(2) The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:(A) Evidence submitted by the appellant and his or her representative, if any, with the notice of disagreement.(B) Evidence submitted by the appellant and his or her representative, if any, within 90 days following receipt of the notice of disagreement.(Added Pub. L. 115–55, § 2(w)(1), Aug. 23, 2017, 131 Stat. 1114.)Statutory Notes and Related SubsidiariesEffective Date

Section 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 an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.

Notes of Decisions
Cited in 27 cases (19 in the last 5 years), 2018–2026 · leading case: Everett W. Cook v. Denis McDonough (Vet. App. 2023).
Sort: Relevance Newest Treatment
Everett W. Cook v. Denis McDonough (Vet. App. 2023). · cites it 14× “This appeal was referred to a panel of the Court because it involves issues of first impression concerning the interpretation of provisions of the Veterans Appeals Improvement and Modernization Act of 2017 (AMA),1 38 U.S.C. §§ 7113 (c) and 7104(d)(2). First, Mr.”
Cash v. Collins (Fed. Cir. 2026). · cites it 8× “See 38 U.S.C. § 7113 (c)(2). Be- cause we determine that Mr.”
Victor Manuel Aviles-Rivera v. Denis McDonough (Vet. App. 2022). · cites it 7× “We hold that the evidentiary record restriction in 38 U.S.C. § 7113 (a) barred the Board from considering the 11th NAS Update.”
Martin D. Spigner III v. Denis McDonough (Vet. App. 2024). · cites it 7× “38 U.S.C. § 7113 (b)(2)(A)(B); 38 C.F.R. § 20.”
Wendell Andrews v. Denis McDonough (Vet. App. 2021). · cites it 4× “47 38 U.S.C. § 7113 (a). 48 See 38 U.S.C. § 7105 (b)(4) (“The Secretary shall develop a policy to permit a claimant to modify the information identified in the [NOD] after the [NOD] has been filed under this section pursuant to such requirements as the Secretary may prescribe.”
Stanley L. Davis v. Denis McDonough (Vet. App. 2023). · cites it 4× “38 U.S.C. § 7113 (c)(2)(B). This matter was referred to a panel of this Court, with oral argument,1 to address the veteran's arguments regarding the meaning of 1 Davis v.”
Stephanie Ortega v. Douglas A. Collins (Vet. App. 2026). · cites it 4× “38 U.S.C. § 7113 (c). Ms. Ortega argues that the Board violated her due process rights by waiting until after that 90-day period to notify her of receipt of her NOD.”
Perciavalle v. Collins (Fed. Cir. 2026). · cites it 2× “See 38 U.S.C. § 7113 (c)(2). On March 24, 2020, the Board issued a letter stating that Mr.”
Kernz v. Collins (Fed. Cir. 2026). · cites it 2× “See 38 U.S.C. § 7113 (c)(2). On March 24, 2020, the Board issued a letter stating that Mr.”
180723-183 (Board of Vet. App. 2018). “38 U.S.C. § 7113 (a). In addition, in October 2018, the Veteran filed a timely notice of disagreement (NOD) with a September 2018 rating decision.”
190515-23225 (Board of Vet. App. 2020). “1114 (to be codified at 38 U.S.C. § 7113 (a)). Also, the Veteran chose the direct review lane, which means the evidence he submitted with his Form 10182 cannot be considered, because it was not of record at the time of the April 2019 decision.”
200228-69407 (Board of Vet. App. 2020). “See 38 U.S.C. § 7113 ; 38 C.F.R. § 20.202 . In this case, the record on appeal closed on January 31, 2020, the date of the Supplemental Statement of the Case.”
Show all 27 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.