§5104B. Higher-level review by the agency of original jurisdiction — Inbound Citations

Citations to 38 U.S.C. § 5104B as a whole

• 38 U.S.C. § 5103A(e)(2)

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  (2) The Secretary’s duty to assist under this section shall not apply to higher-level review by the agency of original jurisdiction, pursuant to section 5104B of this title, or to review on appeal by the Board of Veterans’ Appeals.
• 38 U.S.C. § 5103A(f)(1)

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  (1) If, during review of the agency of original jurisdiction decision under section 5104B of this title, the higher-level adjudicator identifies or learns of an error on the part of the agency of original jurisdiction to satisfy its duties under this section, and that error occurred prior to the agency of original jurisdiction decision being reviewed, unless the Secretary may award the maximum benefit in accordance with this title based on the evidence of record, the higher-level adjudicator shall return the claim for correction of such error and readjudication.
• 38 U.S.C. § 5104C(a)(1)(A)

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  (A) File a request for higher-level review under section 5104B of this title.
• 38 U.S.C. § 5109B

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  The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Veterans Benefits Administration of any claim that is returned by a higher-level adjudicator under section 5104B of this title or remanded by the Board of Veterans’ Appeals.
• 38 U.S.C. § 5110(a)(2)(A)

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  (A) A request for higher-level review under section 5104B of this title on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
• 38 U.S.C. § 7105(b)(1)(A)

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  (A) Except in the case of simultaneously contested claims, a notice of disagreement shall be filed within one year from the date of the issuance of notice of the decision of the agency of original jurisdiction pursuant to section 5104, 5104B, or 5108 of this title.
• 38 U.S.C. § 7105(c)(1)

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  (1) in the case of a readjudication or allowance pursuant to a higher-level review that was requested in accordance with section 5104B of this title;