---
kind: "section"
citation: "38 C.F.R. § 70.40"
title: "38"
number: "70.40"
heading: "Administrative procedures."
url: "https://uscodex.org/cfr/38/70.40"
---

# §70.40. Administrative procedures.

- (a) This section applies only to legacy claims.
- (b) Upon denial of an initial claim for beneficiary travel, VA will provide the claimant written notice of the decision and advise the claimant of reconsideration and appeal rights. A claimant who disagrees with the initial decision denying the claim for beneficiary travel, in whole or in part, may obtain reconsideration under [§ 17.133](/cfr/38/17.133.md) of this chapter and may file an appeal to the Board of Veterans' Appeals under parts [19](/cfr/38/part19.md) and [20](/cfr/38/part20.md) of this chapter. An appeal may be made directly to the Board of Veterans' Appeals without requesting reconsideration.

## Notes

### Amendments

[73 FR 36798, June 30, 2008, as amended at 87 FR 43748, July 22, 2022]

### Authority

Authority: 38 U.S.C. 101, 111, 111A, 501, 1701, 1714, 1720, 1728, 1782, 1783, and E.O. 11302, 31 FR 11741, 3 CFR, 1966-1970 Comp., p. 578, unless otherwise noted. Link to an amendment published at 88 FR 10036, Feb. 16, 2023. This amendment was delayed until Feb. 16, 2025, at 88 FR 90120, Dec. 29, 2023. This amendment was further delayed until Feb. 16, 2029, at 89 FR 88888, Nov. 12, 2024.

### Source

Source: 73 FR 36798, June 30, 2008, unless otherwise noted.

### Amendments

[73 FR 36798, June 30, 2008, as amended at 87 FR 43748, July 22, 2022]