Skip to content
LexBuild

38 USC § 5109B - Expedited treatment of returned and remanded claims 

---
identifier: "/us/usc/t38/s5109B"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 5109B - Expedited treatment of returned and remanded claims"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "5109B"
section_name: "Expedited treatment of returned and remanded claims"
chapter_number: 51
chapter_name: "CLAIMS, EFFECTIVE DATES, AND PAYMENTS"
subchapter_number: "I"
subchapter_name: "CLAIMS"
part_number: "IV"
part_name: "GENERAL ADMINISTRATIVE PROVISIONS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 108–183, title VII, § 707(a)(1), Dec. 16, 2003, 117 Stat. 2672; amended Pub. L. 115–55, § 2(k)(1), Aug. 23, 2017, 131 Stat. 1109.)"
---

# § 5109B. Expedited treatment of returned and remanded claims

section 5104B of this title

The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Veterans Benefits Administration of any claim that is returned by a higher-level adjudicator under  or remanded by the Board of Veterans’ Appeals.

---

**Source Credit**: (Added Pub. L. 108–183, title VII, § 707(a)(1), Dec. 16, 2003, 117 Stat. 2672; amended Pub. L. 115–55, § 2(k)(1), Aug. 23, 2017, 131 Stat. 1109.)

## Editorial Notes

### Amendments

2017—, amended section generally. Prior to amendment, text read as follows: “The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the appropriate regional office of the Veterans Benefits Administration of any claim that is remanded to a regional office of the Veterans Benefits Administration by the Board of Veterans’ Appeals.”

## Statutory Notes and Related Subsidiaries

### Effective Date of 2017 Amendment

Amendment by  applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under  on or after the later of 540 days after , 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  and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see , set out as a note under , and bracketed note thereunder.