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

501 words·~2 min read·/usc/title-38/section-5104b

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(a)In General.—

(1)A claimant may request a review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction.

(2)The Secretary shall approve each request for review under paragraph (1).

(b)Time and Manner of Request.—

(1)A request for higher-level review by the agency of original jurisdiction shall be—

(A)in writing in such form as the Secretary may prescribe; and

(B)made within one year of the notice of the agency of original jurisdiction’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 or by an adjudicator at a different office of the agency of original jurisdiction. The Secretary shall not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause.

(c)Decision.— Notice of a higher-level review decision under this section shall be provided to the claimant (and any representative of such claimant) and shall include a general statement—

(1)reflecting whether evidence was not considered pursuant to subsection (d); and

(2)noting the options available to the claimant to have the evidence described in paragraph (1), if any, considered by the Department.

(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 decision being reviewed.

(e)De Novo Review.— A review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction shall be de novo.

(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.)

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U.S. Code