FEDERAL · 38 U.S.C. · Chapter SUBCHAPTER I—CLAIMS
§5104A. Binding nature of favorable findings
38 U.S.C. § §5104A. Binding nature of favorable find
Title38 — Veterans' Benefits
ChapterSUBCHAPTER I—CLAIMS
This text of 38 U.S.C. § §5104A. Binding nature of favorable find (§5104A. Binding nature of favorable findings) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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38 U.S.C. § §5104A. Binding nature of favorable find.
Text
Any finding favorable to the claimant as described in section 5104(b)(4) of this title shall be binding on all subsequent adjudicators within the Department, unless clear and convincing evidence is shown to the contrary to rebut such favorable finding.
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§ 5104
38 U.S.C. § 5104
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History
(Added Pub. L. 115–55, §2(f)(1), Aug. 23, 2017, 131 Stat. 1107.)
Editorial Notes
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
Effective Date
Section applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
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38 U.S.C. § §5104A. Binding nature of favorable find, Counsel Stack Legal Research, https://law.counselstack.com/usc/38/§5104A. Binding nature of favorable find.