Federal · Title 38 — Veterans’ Benefits

38 U.S.C. § 5104C: Options following decision by agency of original jurisdiction

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File a request for higher-level review under section 5104B of this title . File a supplemental claim under section 5108 of this title . File a notice of disagreement under section 7105 of this title . the higher-level review, supplemental claim, or notice of disagreement is adjudicated; or the request for higher-level review, supplemental claim, or notice of disagreement is withdrawn. Nothing in this subsection shall prohibit a claimant from taking any of the actions set forth in paragraph (1) in succession with respect to a claim or an issue contained within the claim. Nothing in this subsection shall prohibit a claimant from taking different actions set forth in paragraph (1) with respect to different claims or different issues contained within a claim. take an action under paragraph (1); wish to withdraw the action before the higher-level review, supplemental claim, or notice of disagreement is adjudicated; and in lieu of such action take a different action under paragraph (1). In any case in which the Secretary renders a decision on a claim and more than one year has passed since the date on which the agency of original jurisdiction issues a decision with respect to that claim, the claimant may file a supplemental claim under section 5108 of this title .

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