
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC5104]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART IV--GENERAL ADMINISTRATIVE PROVISIONS
 
            CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
 
                          SUBCHAPTER I--CLAIMS
 
Sec. 5104. Decisions and notices of decisions

    (a) In the case of a decision by the Secretary under section 511 of 
this title affecting the provision of benefits to a claimant, the 
Secretary shall, on a timely basis, provide to the claimant (and to the 
claimant's representative) notice of such decision. The notice shall 
include an explanation of the procedure for obtaining review of the 
decision.
    (b) In any case where the Secretary denies a benefit sought, the 
notice required by subsection (a) shall also include (1) a statement of 
the reasons for the decision, and (2) a summary of the evidence 
considered by the Secretary.

(Added Pub. L. 101-237, title I, Sec. 115(a)(1), Dec. 18, 1989, 103 
Stat. 2065, Sec. 3004; renumbered Sec. 5104, Pub. L. 102-40, title IV, 
Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102-54, 
Sec. 14(d)(1), June 13, 1991, 105 Stat. 285; Pub. L. 103-446, title XII, 
Sec. 1201(d)(15), Nov. 2, 1994, 108 Stat. 4684.)


                            Prior Provisions

    Prior section 5104 was renumbered section 8304 of this title.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-446 substituted ``section 511'' for 
``section 211(a)''.
    1991--Pub. L. 102-40 renumbered section 3004 of this title as this 
section.
    Pub. L. 102-54 amended section as in effect immediately before 
enactment of Pub. L. 102-40 by striking out ``(1)'' after ``(a)'' and 
substituting ``(b)'' for ``(2)'', ``subsection (a)'' for ``paragraph (1) 
of this subsection'', ``(1)'' for ``(A)'', and ``(2)'' for ``(B)''.


                             Effective Date

    Section 115(b) of Pub. L. 101-237 provided that: ``Section 3004 [now 
5104] of title 38, United States Code, as added by subsection (a), shall 
apply with respect to decisions by the Secretary of Veterans Affairs 
made after January 31, 1990.''
