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

# §5104C. Options following decision by agency of original jurisdiction

- (a) **Within One Year of Decision.—**
  - (1) Subject to [paragraph (2)](#a-2), in any case in which the [Secretary](/usc/38/101.md?p=1) renders a decision on a claim, the [claimant](/usc/38/5100.md?p=1) may take any of the following actions on or before the date that is one year after the date on which the [agency of original jurisdiction](/usc/38/101.md?p=34) issues a decision with respect to that claim:
    - (A) File a request for higher-level review under [section 5104B of this title](/usc/38/5104B.md).
    - (B) File a [supplemental claim](/usc/38/101.md?p=36) under [section 5108 of this title](/usc/38/5108.md).
    - (C) File a [notice](/usc/38/5100.md?p=2) of disagreement under [section 7105 of this title](/usc/38/7105.md).
  - (2)
    - (A) Once a [claimant](/usc/38/5100.md?p=1) takes an action set forth in [paragraph (1)](#a-1), the [claimant](/usc/38/5100.md?p=1) may not take another action set forth in that paragraph with respect to the same claim or same issue contained within the claim until—
      - (i) the higher-level review, [supplemental claim](/usc/38/101.md?p=36), or [notice](/usc/38/5100.md?p=2) of disagreement is adjudicated; or
      - (ii) the request for higher-level review, [supplemental claim](/usc/38/101.md?p=36), or [notice](/usc/38/5100.md?p=2) of disagreement is withdrawn.
    - (B) Nothing in this subsection shall prohibit a [claimant](/usc/38/5100.md?p=1) from taking any of the actions set forth in [paragraph (1)](#a-1) in succession with respect to a claim or an issue contained within the claim.
    - (C) Nothing in this subsection shall prohibit a [claimant](/usc/38/5100.md?p=1) from taking different actions set forth in [paragraph (1)](#a-1) with respect to different claims or different issues contained within a claim.
    - (D) The [Secretary](/usc/38/101.md?p=1) may, as the [Secretary](/usc/38/101.md?p=1) considers appropriate, develop and implement a policy for [claimants](/usc/38/5100.md?p=1) who—
      - (i) take an action under [paragraph (1)](#a-1);
      - (ii) wish to withdraw the action before the higher-level review, [supplemental claim](/usc/38/101.md?p=36), or [notice](/usc/38/5100.md?p=2) of disagreement is adjudicated; and
      - (iii) in lieu of such action take a different action under [paragraph (1)](#a-1).
- (b) **More Than One Year After Decision.—** In any case in which the [Secretary](/usc/38/101.md?p=1) renders a decision on a claim and more than one year has passed since the date on which the [agency of original jurisdiction](/usc/38/101.md?p=34) issues a decision with respect to that claim, the [claimant](/usc/38/5100.md?p=1) may file a [supplemental claim](/usc/38/101.md?p=36) under [section 5108 of this title](/usc/38/5108.md).

## Source credit

(Added Pub. L. 115–55, § 2(h)(1), Aug. 23, 2017, 131 Stat. 1108.)

## Notes

### 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.