Page:United States Statutes at Large Volume 102 Part 5.djvu/105

 PUBLIC LAW 100-687—NOV. 18, 1988

102 STAT. 4111

tunity for a hearing. Decisions of the Board shall be based on the entire record in the proceeding and upon consideration of all evidence and material of record and applicable provisions of law and r^ulation.". (b) CONFORMING AMENDMENT.—Section 4005(d)(5) is amended by striking out "will base its decision on the entire record and. SEC. 204. REOPENING OF DISALLOWED CLAIMS. Subsection (b) of section 4004 is amended to read as foUoMrs: "(b) Except as provided in section 3008 of this title, when a claim is disallowed by the Board, the claim may not thereafter be reopened and allowed and a claim based upon the same factual basis may not be considered.". SEC. 205. NOTICE AND CONTENT OF DECISIONS. Section 4004 is amended by striking out subsection (d) and inserting in lieu thereof the following: (d) Each decision of the Boaurd shall include— "(1) a written statement of the Board's findings and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the record; and "(2) an order granting appropriate relief or denying relief. "(e) After reaching a decision in a case, the Board shall promptly mail a copy of its written decision to the claimant and the claimant's authorized representative (if any) at the last known address of the claimant and at the last known address of such representative (if any).". SEC. 206. STATEMENT OF THE CASE. (a) MATTERS TO B E INCLUDED.—Paragraph (1) of section 4005(d) is

amended in the second sentence by striking out "will prepare" and all that folloM^ and inserting in lieu thereof the following: "shall prepare a statement of the case. A statement of the case shall include the following: "(A) A summary of the evidence in the case pertinent to the issue or issues with which disagreement has been expressed. "(B) A citation to pertinent laws and r^ulations and a discussion of how such laws and r^ulations affect the agency's decision. "(C) The decision on each issue and a summary of the reasons for such decision.". (b) PROHrarnoN AGAINST PRESUMFHON OF AGREEMENT.—Paragraph (4) of such section is amended to read as follows: "(4) The claimant in any case may not be presumed to agree with any statement of fact contained in the statement of the case to which the claimant does not specifically express agreement.". SEC 207. TRAVELING SECTIONS OF THE BOARD. (a) IN GENERAL.—Chapter 71 is further amended by adding at the end the following new section: "A claimant may request a hearing before a traveling section of the Board. Any such hearing shall be scheduled for hearing before such a section within the area served by a r ^ o n a l office of the Veterans' Administration in the order in which the requests for
 * § 4010. Traveling sections

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