---
kind: "section"
citation: "38 C.F.R. § 21.1034"
title: "38"
number: "21.1034"
heading: "Review of decisions."
url: "https://uscodex.org/cfr/38/21.1034"
---

# §21.1034. Review of decisions.

- (a) **Decisions.** A claimant may request a review of a decision on eligibility or entitlement to educational assistance under [title 38](/cfr/38.md), United States Code. A claimant may request review of a decision on entitlement to educational assistance under 10 U.S.C. [510](/usc/10/510.md), and [10](/usc/10/10.md) U.S.C. chapters 106a, 1606, and 1607. A claimant may not request review of a decision on eligibility under 10 U.S.C. [510](/usc/10/510.md), and [10](/usc/10/10.md) U.S.C. chapters 106a, 1606, and 1607 or for supplemental or increased educational assistance under 10 U.S.C. [16131(i)](/usc/10/16131.md?p=i) or [38](/usc/10/38.md) U.S.C. 3015(d), 3021, or 3316 to VA as the Department of Defense solely determines eligibility to supplemental and increased educational assistance under these sections.
- (b) **Reviews available.** Except as provided in [paragraph (d)](#d) of this section, within one year from the date on which the agency of original jurisdiction issues notice of a decision described in [paragraph (a)](#a) of this section as subject to a request for review, a claimant may elect one of the following administrative review options:
  - (1) **Supplemental Claim Review.** See [§ 3.2501](/cfr/38/3.2501.md) of this chapter.
  - (2) **Higher-level Review.** See [§ 3.2601](/cfr/38/3.2601.md) of this chapter.
  - (3) **Board of Veterans' Appeals Review.** See [38 CFR part 20](/cfr/38/part20.md).
- (c) **Part 3 provisions.** See [§ 3.2500(b)-(d)](/cfr/38/3.2500.md?p=b..d) of this chapter for principles that generally apply to a veteran's election of review of a decision described in [paragraph (a)](#a) of this section as subject to a request for review.
- (d) **Contested claims.** See [subpart E of part 20 of this title](/cfr/38/part20-subpartE.md) for the timeline pertaining to contested claims.
- (e) **Applicability.** This section applies where notice of a decision described in [paragraph (a)](#a) of this section was provided to a veteran on or after the effective date of the modernized review system as provided in [§ 19.2(a)](/cfr/38/19.2.md?p=a) of this chapter, or where a veteran has elected review of a legacy claim under the modernized review system as provided in [§ 3.2400(c)](/cfr/38/3.2400.md?p=c) of this chapter.

## Notes

### Amendments

[84 FR 194, Jan. 18, 2019]

### Authority

Authority: 38 U.S.C. 501(a).

### Amendments

[84 FR 194, Jan. 18, 2019]