38 U.S.C. § 5104B: Higher-level review by the agency of original jurisdiction

A claimant may request a review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction. The Secretary shall approve each request for review under paragraph (1). in writing in such form as the Secretary may prescribe; and made within one year of the notice of the agency of original jurisdiction’s decision. Such request may specifically indicate whether such review is requested by a higher-level adjudicator at the same office within the agency of original jurisdiction or by an adjudicator at a different office of the agency of original jurisdiction. The Secretary shall not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause. reflecting whether evidence was not considered pursuant to subsection (d); and noting the options available to the claimant to have the evidence described in paragraph (1), if any, considered by the Department. The evidentiary record before the higher-level adjudicator shall be limited to the evidence of record in the agency of original jurisdiction decision being reviewed. A review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction shall be de novo.