{"data":{"id":"us/38-cfr-18.550","jurisdiction":"us","citation":"38 CFR 18.550","heading":"Exhaustion of administrative remedies.","body":"(a) A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if:\n(1) 180 days have elapsed since the complainant filed the complaint and VA has made no finding with regard to the complaint; or\n(2) VA issues any finding in favor of the recipient.\n(b) If VA fails to make a finding within 180 days or issues a finding in favor of the recipient, VA will:\n(1) Promptly advise the complainant of this fact; and\n(2) Advise the complainant of his or her right to bring a civil action for injunctive relief; and\n(3) Inform the complainant that:\n(i) The complainant may bring a civil action only in a United States district court for the district in which the recipient is found or transacts business;\n(ii) A complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but the complainant must demand these costs in the complaint;\n(iii) Before commencing the action, the complainant shall give 30 days notice by registered mail to the Secretary, the Attorney General of the United States, and the recipient;\n(iv) The notice must state: The alleged violation of the Act; the relief requested; the court in which the complainant is bringing the action; and, whether or not attorney's fees are demanded in the event the complainant prevails; and\n(v) The complainant may not bring action if the same alleged violations of the Act by the same recipient is the subject of a pending action in any court of the United States.","path":["Title 38—Pensions, Bonuses, and Veterans' Relief","CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS","PART 18—NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964","Subpart E—Nondiscrimination on the Basis of Age"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-38.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:50Z","sha256":"8b799e05d8a9e129d485bc006a01fd3f4d2c96b1cf7630e0bc443844bbcd0bdd","source_id":"us-cfr","stale":true,"prev":"us/38-cfr-18.549","next":"us/38-cfr-appendix-a-to-subpart-e-of-part-18"},"notice":"GroundRules: Original legal text. Not legal advice."}