---
kind: "section"
citation: "38 U.S.C. § 5109B"
title: "38"
title_heading: "Veterans’ Benefits"
number: "5109B"
heading: "Expedited treatment of returned and remanded claims"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/5109B"
units:
  - "Part IV — General Administrative Provisions"
  - "Chapter 51 — Claims, Effective Dates, and Payments"
  - "Subchapter I — Claims"
---

# §5109B. Expedited treatment of returned and remanded claims


The [Secretary](/usc/38/101.md?p=1) shall take such actions as may be necessary to provide for the expeditious treatment by the [Veterans](/usc/38/101.md?p=2) Benefits Administration of any claim that is returned by a higher-level adjudicator under [section 5104B of this title](/usc/38/5104B.md) or remanded by the Board of [Veterans](/usc/38/101.md?p=2)’ Appeals.


## Source credit

(Added Pub. L. 108–183, title VII, § 707(a)(1), Dec. 16, 2003, 117 Stat. 2672; amended Pub. L. 115–55, § 2(k)(1), Aug. 23, 2017, 131 Stat. 1109.)

## Notes

### Editorial Notes

### Amendments

2017—Pub. L. 115–55, § 2(k)(1), amended section generally. Prior to amendment, text read as follows: “The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the appropriate regional office of the Veterans Benefits Administration of any claim that is remanded to a regional office of the Veterans Benefits Administration by the Board of Veterans’ Appeals.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 2017 Amendment

Amendment by Pub. L. 115–55 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 a note under section 101 of this title, and bracketed note thereunder.