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VA General Counsel Precedent Opinions |
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PREC 8-2003 Notice of Information and Evidence Necessary to Substantiate Claim -- Issues Raised in Notice of Disagreement -- 3
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PREC 8-2003 Notice of Information and Evidence Necessary to Substantiate Claim -- Issues Raised in Notice of Disagreement -- 38 U.S.C. §§ 5103(a), 7105(d) Citation: Vet. Aff. Op. Gen. Couns. Prec. 8-2003, VAOPGCPREC 8-2003, 2003 QUESTION PRESENTED: Must the Department of Veterans Affairs (VA) notify a claimant of the information and evidence necessary to substantiate an issue first raised in a notice of disagreement (NOD) submitted in response to VA’s notice of its decision on a claim for which VA has already notified the claimant of the information and evidence necessary to substantiate the claim
HELD: Under 38 U.S.C. § 5103(a), the Department of Veterans Affairs (VA), upon receipt of a complete or substantially complete application, must notify the claimant of the information and evidence necessary to substantiate the claim for benefits. Under 38 U.S.C. § 7105(d), upon receipt of a notice of disagreement in response to a decision on a claim, the “agency of original jurisdiction” must take development or review action it deems proper under applicable regulations and issue a statement of the case if the action does not resolve the disagreement either by grant of the benefits sought or withdrawal of the notice of disagreement. If, in response to notice of its decision on a claim for which VA has already given the section 5103(a) notice, VA receives a notice of disagreement that raises a new issue, section 7105(d) requires VA to take proper action and issue a statement of the case if the disagreement is not resolved, but section 5103(a) does not require VA to provide notice of the information and evidence necessary to substantiate the newly raised issue. |
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