Page:United States Statutes at Large Volume 76.djvu/601

 76 STAT. ]

PUBLIC LAW 87-666-SEPT. 19, 1962

553

Public Law 87-666 AN ACT

September 19. 1962

To improve due process in the consideration and final adjudication of disputed —LH.R. 857] claims for veterans' benefits by providing that the claimant shall be furnished a brief statement of the facts and law applicable to the case appealed and afforded an opportunity to reply thereto.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 71 of veterans, title 38, United States Code, is amended by deleting sections 4005 and „,e^^of1acts*^*^ 4007 thereof, redesignating section 4006 as 4007, and inserting after and law. 72 Stat. 1240. section 4004 the following new sections: ^^ ~-. ^ " (a) Appellate review will be initiated by a notice of disagreement and completed by a substantive appeal after a statement of the case is furnished as prescribed in this section. Each appellant will be accorded hearing and representation rights pursuant to the provisions of this chapter and regulations of the Administrator. " (b)(1) Except in the case of simultaneously contested claims, notice of disagreement shall be filed within one year from the date of mailing of notice of the result of initial review or determination. Such notice, and appeals, must be in writing and be filed with the activity which entered the determination with which disagreement is expressed (hereafter referred to as the 'agency of original jurisdiction'). A notice of disagreement postmarked before the expiration of the one-year period will be accepted as timely filed. "(2) Notices of disagreement, and appeals, must be in writing and may be filed by the claimant, his legal guardian, or such accredited representative, attorney, or authorized agent as may be selected by him. Not more than one recognized organization, attorney, or agent will be recognized at any one time in the prosecution of a claim. "(c) If no notice of disagreement is filed in accordance with this chapter within the prescribed period, the action or determination shall become final and the claim will not thereafter be reopened or allowed, except as may otherwise be provided by regulations not inconsistent with this title. " (d)(1) Where the claimant, or his representative, within the time specified in this chapter, files a notice of disagreement with the decision of the agency of original jurisdiction, such agency will take such development or review action as it deems proper under the provisions of regulations not inconsistent with this title. If such action does not resolve the disagreement either by granting the benefit sought or through withdrawal of the notice of disagreement, such agency will prepare a statement of the case consisting of— " (A) A summary of the evidence in the case pertinent to the issue or issues with which disagreement has been expressed; " (B) A citation or discussion of the pertinent law, regulations, and, where applicable, the provisions of the Schedule for Rating Disabilities; " (C) The decision on such issue or issues and a summary of the reasons therefor. "(2) A statement of the case, as required by this subsection, will not disclose matters that would be contrary to section 3301 of this title or otherwise contrary to the public interest. Such matters may be disclosed to a designated representative unless the relationship between the claimant and the representative is such that disclosure to the representative would be as harmful as if made to the claimant. "(3) Copies of the 'statement of the case' prescribed in paragraph (1) of this subsection will be submitted to the claimant and to his
 * '§ 4005. Filing of notice of disagreement and appeal

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