Page:United States Statutes at Large Volume 76.djvu/602

 554

PUBLIC LAW 87-666-SEPT. 19, 1962

[76 STAT.

representative, if there is one. The claimant will be afforded a period of sixty days from the date the statement of the case is mailed to file the formal appeal. This may be extended for a reasonable period on request for good cause shown. The appeal should set out specific allegations of error of fact or law, such allegations related to specific items in the statement of the case. The benefits sought on appeal must be clearly identified. The agency of original jurisdiction may close the case for failure to respond after receipt of the statement of the case, but questions as to timeliness or adequacy of response shall be determined by the Board of Veterans' Appeals. "(4) The appellant will be presumed to be in agreement with any statement of fact contained in the statement of the case to which no exception is taken. "(5) The Board of Veterans' Appeals will base its decision on the entire record and may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. '*§ 4005A. Simultaneously contested claims " (a) I n simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of a notice of disagreement shall be sixty days from the date notice of the adverse action is mailed. I n such cases the agency of original jurisdiction shall promptly notify all parties in interest at the last known address of the action taken, expressly.inviting attention to the fact that notice of disagreement will not be entertained unless filed within the sixty-day period prescribed by this subsection. "(b) Upon the filing of a notice of disagreement, all parties in interest will be furnished with a statement of the case in the same manner as is prescribed in section 4005. The party in interest who filed a notice of disagreement will be allowed thirty days from the date of mailing of such statement of the case in which to file a formal appeal. Extension of time may be granted for good cause shown but with consideration to the interests of the other parties involved. The substance of the appeal will be communicated to the other party or parties in interest and a period of thirty days will be allowed tor filing a brief or argument in answer thereto. Such notice shall be forwarded to the last known address of record of the parties concerned, and such action shall constitute sufficient evidence of notice. '*§ 4006. Administrative appeals "Application for review on appeal may be made within the one-year period prescribed in section 4005 of this title by such officials of the Veterans' Administration as may be designated by the Administrator. An application entered under this paragraph shall not operate to deprive the claimant of the right of review on appeal as provided in this chapter." SEC. 2. The table of headings at the beginning of chapter 71 is amended by striking; }

"4005. Applications for review on appeal. "4006. Docketing of appeals. "4007. Simultaneously contested claims."

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and inserting in lieu thereof: "4005. Filing of notice of disagreement and appeal. "4005A. Simultaneously contested claims. "4006. Administrative appeals. "4007. Docketing of appeals."

Effective date.

SEC. 3. The amendments made by this Act shall be effective January 1, 1963. Approved September 19, 1962.

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