United States Code
USC most recently checked for updates: Jun 09, 2025
§ 5104B.
Higher-level review by the agency of original jurisdiction
(a)
(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)
(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)
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)
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)
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.)
cite as: 38 USC 5104B
