2017—Subsec. (c)(1), (2). Pub. L. 115–55 substituted “claimant is provided notice of the agency of original jurisdiction’s initial decision under section 5104 of this title” for “notice of disagreement is filed”.

2006—Subsec. (a). Pub. L. 109–461, § 101(a)(1)(A), inserted heading.

Subsec. (a)(1). Pub. L. 109–461, § 101(a)(1)(A)–(C), designated existing provisions as par. (1), substituted “Except as provided in paragraph (4), the Secretary may recognize” for “The Secretary may recognize”, and struck out last sentence which read as follows: “The Secretary may require that individuals, before being recognized under this section, show that they are of good moral character and in good repute, are qualified to render claimants valuable service, and otherwise are competent to assist claimants in presenting claims.”

Subsec. (a)(2) to (6). Pub. L. 109–461, § 101(a)(1)(D), added pars. (2) to (6).

Subsec. (b). Pub. L. 109–461, § 101(b)(1), inserted heading.

Subsec. (b)(6) to (9). Pub. L. 109–461, § 101(b)(2)–(4), added pars. (6) to (9).

Subsec. (c)(1). Pub. L. 109–461, § 101(e)(1), substituted “paragraph (4)” for “paragraph (3)”.

Pub. L. 109–461, § 101(c)(1), substituted “a notice of disagreement is filed with respect to” for “the Board of Veterans’ Appeals first makes a final decision in”, struck out “Such a fee may be charged, allowed, or paid in the case of services provided after such date only if an agent or attorney is retained with respect to such case before the end of the one-year period beginning on that date.” before “The limitation”, and inserted “fees charged, allowed, or paid for” after “does not apply to”.

Subsec. (c)(2). Pub. L. 109–461, § 101(d), substituted “after a notice of disagreement is filed with respect to the case” for “after the Board first makes a final decision in the case” and “with the Secretary pursuant to regulations prescribed by the Secretary” for “with the Board at such time as may be specified by the Board” and struck out at end: “The Board, upon its own motion or the request of either party, may review such a fee agreement and may order a reduction in the fee called for in the agreement if the Board finds that the fee is excessive or unreasonable. A finding or order of the Board under the preceding sentence may be reviewed by the United States Court of Appeals for Veterans Claims under section 7263(d) of this title.”

Subsec. (c)(3), (4). Pub. L. 109–461, § 101(e)(2), (3), added par. (3) and redesignated former par. (3) as (4).

Subsec. (d). Pub. L. 109–461, § 101(f)(1), inserted heading.

Subsec. (d)(1). Pub. L. 109–461, § 101(f)(2), (3), inserted “agent or” before “attorney” in two places and struck out “of this subsection” after “paragraph (2)”.

Subsec. (d)(2)(A). Pub. L. 109–461, § 101(f)(2), inserted “agent or” before “attorney” in introductory provisions and in cl. (i).

Subsec. (d)(2)(B). Pub. L. 109–461, § 101(f)(4), struck out “of this paragraph” after “subparagraph (A)”.

Subsec. (d)(3). Pub. L. 109–461, § 101(f)(5), substituted “fee to an agent or attorney” for “attorneys’ fee” and struck out “of this subsection” after “paragraph (1)”.

1998—Subsecs. (c)(2), (d)(3). Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals” wherever appearing.

1994—Subsec. (d)(2)(A). Pub. L. 103–446 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “A fee agreement referred to in paragraph (1) of this subsection is one under which (i) the amount of the fee payable to the attorney is to be paid to the attorney by the Secretary directly from any past-due benefits awarded on the basis of the claim, and (ii) the amount of the fee is contingent on whether or not the matter is resolved in a manner favorable to the claimant.”

1992—Subsec. (c)(1). Pub. L. 102–405, § 303(a)(1), substituted “Except as provided in paragraph (3), in” for “In”.

Subsec. (c)(3). Pub. L. 102–405, § 303(a)(2), added par. (3).

1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3404 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in introductory provisions.

Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in introductory provisions and in par. (4).

Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in par. (4).

Subsec. (c)(1). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

Subsec. (c)(2). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Pub. L. 102–40, § 402(d)(1), substituted “7263(d)” for “4063(d)”.

Subsec. (d)(2)(A), (3). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

1988—Subsecs. (c), (d). Pub. L. 100–687 added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: “The Administrator shall determine and pay fees to agents or attorneys recognized under this section in allowed claims for monetary benefits under laws administered by the Veterans’ Administration. Such fees—

“(1) shall be determined and paid as prescribed by the Administrator;

“(2) shall not exceed $10 with respect to any one claim; and

“(3) shall be deducted from monetary benefits claimed and allowed.”

1986—Subsec. (b). Pub. L. 99–576 substituted “the Administrator” for “he” in introductory text.

Amendment by Pub. L. 115–55 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 a note under section 101 of this title, and bracketed note thereunder.

Pub. L. 109–461, title I, § 101(h), Dec. 22, 2006, 120 Stat. 3408, provided that: “The amendments made by subsections (c)(1) and (d) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Dec. 22, 2006] and shall apply with respect to services of agents and attorneys that are provided with respect to cases in which notices of disagreement are filed on or after that date.”

Pub. L. 109–461, title I, § 101(i), Dec. 22, 2006, 120 Stat. 3408, provided that: “No assessments on fees may be collected under paragraph (6) of section 5904(a) of title 38, United States Code (as added by subsection (a)(1)(D) of this section), until the date on which the Secretary of Veterans Affairs prescribes the regulations [regulations prescribed effective June 23, 2008, see 73 F.R. 29851] required by the amendments made by this section [amending this section and sections 5902, 5903, and 5905 of this title].”

Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.

Pub. L. 103–446, title V, § 504(b), Nov. 2, 1994, 108 Stat. 4664, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to fee agreements entered into on or after the date of the enactment of this Act [Nov. 2, 1994].”

Pub. L. 102–405, title III, § 303(b), Oct. 9, 1992, 106 Stat. 1985, provided that: “Paragraph (3) [now (4)] of section 5904(c) of title 38, United States Code, as added by subsection (a), shall apply with respect to services of agents and attorneys provided after the date of the enactment of this Act [Oct. 9, 1992].”

Amendment by Pub. L. 100–687 effective Sept. 1, 1989, see section 401(a) of Pub. L. 100–687, set out as an Effective Date note under section 7251 of this title.

Subsec. (d) of this section not to prevent award of fees and expenses under section 2412(d) of Title 28, Judiciary and Judicial Procedure, but subsec. (d) of this section inapplicable to such award where fees for the same work are received under both sections and claimant’s attorney refunds to claimant amount of smaller fee, see section 506(c) of Pub. L. 102–572, set out as a note under section 2412 of Title 28.

Pub. L. 100–687, title IV, § 403, Nov. 18, 1988, 102 Stat. 4122, which provided that the amendment to subsec. (c) of this section by section 104(a) of Pub. L. 100–687 applied only to services of agents and attorneys in cases in which a notice of disagreement was filed with the Department of Veterans Affairs on or after Nov. 18, 1988, was repealed by Pub. L. 107–103, title VI, § 603(b), Dec. 27, 2001, 115 Stat. 999.

[Repeal of section 403 of Pub. L. 100–687, formerly set out above, applicable to any appeal filed with the United States Court of Appeals for Veterans Claims on or after Dec. 27, 2001, or before that date but in which a final decision has not been made under section 7291 of this title as of that date, see section 603(d) of Pub. L. 107–103, set out as a note under section 7251 of this title.]