---
kind: "section"
citation: "38 U.S.C. § 5104B"
title: "38"
title_heading: "Veterans’ Benefits"
number: "5104B"
heading: "Higher-level review by the agency of original jurisdiction"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/5104B"
units:
  - "Part IV — General Administrative Provisions"
  - "Chapter 51 — Claims, Effective Dates, and Payments"
  - "Subchapter I — Claims"
---

# §5104B. Higher-level review by the agency of original jurisdiction

- (a) **In General.—**
  - (1) A [claimant](/usc/38/5100.md?p=1) may request a review of the decision of the [agency of original jurisdiction](/usc/38/101.md?p=34) by a higher-level adjudicator within the [agency of original jurisdiction](/usc/38/101.md?p=34).
  - (2) The [Secretary](/usc/38/101.md?p=1) shall approve each request for review under [paragraph (1)](#a-1).
- (b) **Time and Manner of Request.—**
  - (1) A request for higher-level review by the [agency of original jurisdiction](/usc/38/101.md?p=34) shall be—
    - (A) in writing in such form as the [Secretary](/usc/38/101.md?p=1) may prescribe; and
    - (B) made within one year of the [notice](/usc/38/5100.md?p=2) of the [agency of original jurisdiction](/usc/38/101.md?p=34)’s decision.
  - (2) 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](/usc/38/101.md?p=34) or by an adjudicator at a different office of the [agency of original jurisdiction](/usc/38/101.md?p=34). The [Secretary](/usc/38/101.md?p=1) shall not deny such request for review by an adjudicator at a different office of the [agency of original jurisdiction](/usc/38/101.md?p=34) without good cause.
- (c) **Decision.—** [Notice](/usc/38/5100.md?p=2) of a higher-level review decision under this section shall be provided to the [claimant](/usc/38/5100.md?p=1) (and any representative of such [claimant](/usc/38/5100.md?p=1)) and shall include a general statement—
  - (1) reflecting whether evidence was not considered pursuant to [subsection (d)](#d); and
  - (2) noting the options available to the [claimant](/usc/38/5100.md?p=1) to have the evidence described in [paragraph (1)](#c-1), if any, considered by the [Department](/usc/38/101.md?p=1).
- (d) **Evidentiary Record for Review.—** The evidentiary record before the higher-level adjudicator shall be limited to the evidence of record in the [agency of original jurisdiction](/usc/38/101.md?p=34) decision being reviewed.
- (e) **De Novo Review.—** A review of the decision of the [agency of original jurisdiction](/usc/38/101.md?p=34) by a higher-level adjudicator within the [agency of original jurisdiction](/usc/38/101.md?p=34) shall be de novo.

## Source credit

(Added Pub. L. 115–55, § 2(g)(1), Aug. 23, 2017, 131 Stat. 1107; amended Pub. L. 117–168, title VIII, § 807(a)(3), Aug. 10, 2022, 136 Stat. 1806.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (c). Pub. L. 117–168 substituted “to the claimant (and any representative of such claimant)” for “in writing” in introductory provisions.

### Statutory Notes and Related Subsidiaries

### Effective 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.

### Rule of Construction

Amendment by Pub. L. 117–168 not to be construed to apply section 5104(a) of this title to decisions of the Board of Veterans’ Appeals under chapter 71 of this title, see section 807(b) of Pub. L. 117–168, set out as a note under section 5100 of this title.