Code of Federal Regulations · Section
§ 17.133 — Procedures
38 C.F.R. § 17.133
(a) Scope. This section sets forth reconsideration procedures regarding claims for benefits administered by the Veterans Health Administration (VHA). This section applies only to legacy claims.
(b) Process. An individual who disagrees with the initial decision denying the claim in whole or in part may obtain reconsideration under this section by submitting a reconsideration request in writing to the Director of the healthcare facility of jurisdiction within one year of the date of the initial decision. The reconsideration decision will be made by the immediate supervisor of the initial VA decision-maker. The request must state why it is concluded that the decision is in error and must include any new and relevant information not previously considered. Any request for reconsideration that does not identify the reason for the dispute will be returned to the sender without further consideration. The request for reconsideration may include a request for a meeting with the immediate supervisor of the initial VA decision-maker, the claimant, and the claimant's representative (if the claimant wishes to have a representative present). Such a meeting shall only be for the purpose of discussing the issues and shall not include formal procedures (e.g., presentation, cross-examination of witnesses, etc.). The meeting will be taped and transcribed by VA if requested by the claimant and a copy of the transcription shall be provided to the claimant. After reviewing the matter, the immediate supervisor of the initial VA decision-maker shall issue a written decision that affirms, reverses, or modifies the initial decision.
Authorizing Statute
-
Rules and regulations38 U.S.C. § 501
-
Medical care for survivors and dependents of certain veterans38 U.S.C. § 1781
-
Definitions38 U.S.C. § 1701
-
Definitions38 U.S.C. § 101
-
Assistance for providing automobile and adaptive equipment38 U.S.C. § 3902
-
Clothing allowance38 U.S.C. § 1162
-
Eligibility for hospital, nursing home, and domiciliary care38 U.S.C. § 1710
-
Community residential care38 U.S.C. § 1730
-
Agreements with eligible entities or providers; certification processes38 U.S.C. § 1703A
-
Contracts and personal services38 U.S.C. § 513
-
Definitions38 U.S.C. § 3901
-
Establishment38 U.S.C. § 7691
-
Care and services during certain disasters and emergencies38 U.S.C. § 1785
-
Benefits for discharged members of allied forces38 U.S.C. § 109
-
Emergent suicide care38 U.S.C. § 1720J
-
Recovery by United States42 U.S.C. § 2651
-
Transplant procedures with live donors and related services38 U.S.C. § 1788
-
Access to walk-in care38 U.S.C. § 1725A
-
Assistance and support services for caregivers38 U.S.C. § 1720G
-
Functions of Veterans Health Administration: in general38 U.S.C. § 7301
-
Medicaid and CHIP Payment and Access Commission42 U.S.C. § 1396
-
Regulations38 U.S.C. § 7304
-
Requirement for program38 U.S.C. § 7698
-
Hospital care, medical services, and nursing home care abroad38 U.S.C. § 1724
-
Veterans Community Care Program38 U.S.C. § 1703
-
Center for Innovation for Care and Payment38 U.S.C. § 1703E
-
Filing of appeal38 U.S.C. § 7105
-
Decisions of the Secretary; finality38 U.S.C. § 511