Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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Fabio
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# 38 U.S.C. § 5100 - Definitions
## Text
In this chapter:
(1) The term “claimant” means any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary.
(2) The term “notice” means a communication issued through means (including electronic means) prescribed by the Secretary.
(Added Pub. L. 117168, title VIII, § 807(a)(1), Aug. 10, 2022, 136 Stat. 1805.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5100, added Pub. L. 106475, § 2, Nov. 9, 2000, 114 Stat. 2096, defined “claimant”, prior to repeal by Pub. L. 117168, title VIII, § 807(a)(1), Aug. 10, 2022, 136 Stat. 1805.
Statutory Notes and Related Subsidiaries
Rule of ConstructionPub. L. 117168, title VIII, § 807(b), Aug. 10, 2022, 136 Stat. 1806, provided that: “None of the amendments made by this section [enacting this section, amending sections 5104, 5104B, 5112, 7104, 7105, 7105A, and 7266 of this title, and repealing former section 5100 of this title] shall be construed to apply section 5104(a) of such title [meaning title 38, United States Code] to decisions of the Board of Veterans Appeals under chapter 71 of such title.”
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title: "38 U.S.C. § 5102"
description: "Application forms furnished upon request; notice to claimants of incomplete applications"
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# 38 U.S.C. § 5102 - Application forms furnished upon request; notice to claimants of incomplete applications
## Text
(a) Furnishing Forms.— Upon request made by any person claiming or applying for, or expressing an intent to claim or apply for, a benefit under the laws administered by the Secretary, the Secretary shall furnish such person, free of all expense, all instructions and forms necessary to apply for that benefit.
(b) Incomplete Applications.— If a claimants application for a benefit under the laws administered by the Secretary is incomplete, the Secretary shall notify the claimant and the claimants representative, if any, of the information necessary to complete the application.
(c) Time Limitation.— (1) If information that a claimant and the claimants representative, if any, are notified under subsection (b) is necessary to complete an application is not received by the Secretary within one year from the date such notice is sent, no benefit may be paid or furnished by reason of the claimants application.
(2) This subsection shall not apply to any application or claim for Government life insurance benefits.
(Added Pub. L. 106475, § 3(a), Nov. 9, 2000, 114 Stat. 2096; amended Pub. L. 108183, title VII, § 701(a), Dec. 16, 2003, 117 Stat. 2670.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5102, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1225, § 3002; renumbered § 5102, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405, related to application forms, prior to repeal by Pub. L. 106475, § 3(a), Nov. 9, 2000, 114 Stat. 2096. Another prior section 5102 was renumbered section 8302 of this title.
Amendments2003—Subsec. (c). Pub. L. 108183 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 AmendmentPub. L. 108183, title VII, § 701(c), Dec. 16, 2003, 117 Stat. 2670, provided that: “The amendments made by this section [amending this section and section 5103 of this title] shall take effect as if enacted on November 9, 2000, immediately after the enactment of the Veterans Claims Assistance Act of 2000 (Public Law 106475; 114 Stat. 2096).”
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# 38 U.S.C. § 5103 - Notice to claimants of required information and evidence
## Text
(a) Required Information and Evidence.— (1) Except as provided in paragraph (3), the Secretary shall provide to the claimant and the claimants representative, if any, by the most effective means available, including electronic communication or notification in writing, notice of any information, and any medical or lay evidence, not previously provided to the Secretary that is necessary to substantiate the claim. As part of that notice, the Secretary shall indicate which portion of that information and evidence, if any, is to be provided by the claimant and which portion, if any, the Secretary, in accordance with section 5103A of this title and any other applicable provisions of law, will attempt to obtain on behalf of the claimant.
(2) (A) The Secretary shall prescribe in regulations requirements relating to the contents of notice to be provided under this subsection.
(B) The regulations required by this paragraph—
(i) shall specify different contents for notice based on whether the claim concerned is an original claim or a supplemental claim;
(ii) shall provide that the contents for such notice be appropriate to the type of benefits or services sought under the claim;
(iii) shall specify for each type of claim for benefits the general information and evidence required to substantiate the basic elements of such type of claim; and
(iv) shall specify the time period limitations required pursuant to subsection (b).
(3) The requirement to provide notice under paragraph (1) shall not apply with respect to a supplemental claim that is filed within the timeframe set forth in subparagraphs (B) and (D) of section 5110(a)(2) of this title.
(b) Time Limitation.— (1) In the case of information or evidence that the claimant is notified under subsection (a) is to be provided by the claimant, such information or evidence must be received by the Secretary within one year from the date such notice is sent.
(2) This subsection shall not apply to any application or claim for Government life insurance benefits.
(3) Nothing in paragraph (1) shall be construed to prohibit the Secretary from making a decision on a claim before the expiration of the period referred to in that subsection.
(4) Nothing in this section shall require the Secretary to provide notice for a subsequent claim that is filed while a previous claim is pending if the notice previously provided for such pending claim—
(A) provides sufficient notice of the information and evidence necessary to substantiate such subsequent claim; and
(B) was sent within one year of the date on which the subsequent claim was filed.
(5) (A) This section shall not apply to any claim or issue where the Secretary may award the maximum benefit in accordance with this title based on the evidence of record.
(B) For purposes of this paragraph, the term “maximum benefit” means the highest evaluation assignable in accordance with the evidence of record, as long as such evidence is adequate for rating purposes and sufficient to grant the earliest possible effective date in accordance with section 5110 of this title.
(Added Pub. L. 106475, § 3(a), Nov. 9, 2000, 114 Stat. 2096; amended Pub. L. 10714, § 8(a)(12), June 5, 2001, 115 Stat. 35; Pub. L. 108183, title VII, § 701(b), Dec. 16, 2003, 117 Stat. 2670; Pub. L. 110389, title I, § 101(a), Oct. 10, 2008, 122 Stat. 4147; Pub. L. 112154, title V, § 504(a), Aug. 6, 2012, 126 Stat. 1191; Pub. L. 11555, § 2(b), Aug. 23, 2017, 131 Stat. 1105.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 5103, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1225, § 3003; Pub. L. 99570, title XI, § 11007(a)(1), Oct. 27, 1986, 100 Stat. 3207170; renumbered § 5103, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405, related to incomplete applications, prior to repeal by Pub. L. 106475, § 3(a), Nov. 9, 2000, 114 Stat. 2096. Another prior section 5103 was renumbered section 8303 of this title.
Amendments2017—Subsec. (a)(1). Pub. L. 11555, § 2(b)(1), substituted “Except as provided in paragraph (3), the” for “The”. Subsec. (a)(2)(B)(i). Pub. L. 11555, § 2(b)(2), substituted “or a supplemental claim;” for “, a claim for reopening a prior decision on a claim, or a claim for an increase in benefits;”. Subsec. (a)(3). Pub. L. 11555, § 2(b)(3), added par. (3). 2012—Subsec. (a)(1). Pub. L. 112154, § 504(a)(1), substituted “The” for “Upon receipt of a complete or substantially complete application, the” and “provide to” for “notify” and inserted “by the most effective means available, including electronic communication or notification in writing, notice” before “of any information”. Subsec. (b)(4), (5). Pub. L. 112154, § 504(a)(2), added pars. (4) and (5). 2008—Subsec. (a). Pub. L. 110389 designated existing provisions as par. (1) and added par. (2). 2003—Subsec. (b)(1). Pub. L. 108183, § 701(b)(1), substituted “such information or evidence must be received by the Secretary within one year from the date such notice is sent” for “if such information or evidence is not received by the Secretary within one year from the date of such notification, no benefit may be paid or furnished by reason of the claimants application”. Subsec. (b)(3). Pub. L. 108183, § 701(b)(2), added par. (3). 2001—Subsec. (b)(1). Pub. L. 10714 substituted “one year” for “1 year”.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 AmendmentAmendment by Pub. L. 11555 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. 11555 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. 11555, set out as a note under section 101 of this title, and bracketed note thereunder.
Effective Date of 2012 AmendmentPub. L. 112154, title V, § 504(c), Aug. 6, 2012, 126 Stat. 1192, provided that: “(1) In general.—The amendments made by subsection (a) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Aug. 6, 2012] and shall apply with respect to notification obligations of the Secretary of Veterans Affairs on or after such date. “(2) Construction regarding applicability.—Nothing in this section [amending this section and enacting provisions set out as a note below] or the amendments made by this section shall be construed to require the Secretary to carry out notification procedures in accordance with requirements of section 5103 of title 38, United States Code, as in effect on the day before the effective date established in paragraph (1) on or after such effective date.”
Effective Date of 2003 AmendmentAmendment effective as if enacted Nov. 9, 2000, immediately after the enactment of the Veterans Claims Assistance Act of 2000, Pub. L. 106475, see section 701(c) of Pub. L. 108183, set out as a note under section 5102 of this title.
ConstructionPub. L. 112154, title V, § 504(b), Aug. 6, 2012, 126 Stat. 1192, provided that: “Nothing in the amendments made by subsection (a) [amending this section] shall be construed as eliminating any requirement with respect to the contents of a notice under section 5103 of title 38, United States Code, that is required under regulations prescribed pursuant to subsection (a)(2) of such section as of the date of the enactment of this Act [Aug. 6, 2012].”
Applicability of RegulationsPub. L. 110389, title I, § 101(b), Oct. 10, 2008, 122 Stat. 4148, provided that: “The regulations required by paragraph (2) of section 5103(a) of title 38, United States Code (as amended by subsection (a) of this section), shall apply with respect to notices provided to claimants on or after the effective date of such regulations.”
Readjudication of Certain Claims; NoticePub. L. 108183, title VII, § 701(d), (e), Dec. 16, 2003, 117 Stat. 2670, 2671, provided that: “(d) Procedures for Readjudication of Certain Claims.—(1) The Secretary of Veterans Affairs shall readjudicate a claim of a qualified claimant if the request for such readjudication is received not later than the end of the one-year period that begins on the date of the enactment of this Act [Dec. 16, 2003]. “(2) For purposes of this subsection, a claimant is qualified within the meaning of paragraph (1) if the claimant—“(A) received notice under section 5103(a) of title 38, United States Code, requesting information or evidence to substantiate a claim; “(B) did not submit such information or evidence within a year after the date such notice was sent; “(C) did not file a timely appeal to the Board of Veterans Appeals or the United States Court of Appeals for Veterans Claims; and “(D) submits such information or evidence during the one-year period referred to in paragraph (1). “(3) If the decision of the Secretary on a readjudication under this subsection is in favor of the qualified claimant, the award of the grant shall take effect as if the prior decision by the Secretary on the claim had not been made. “(4) Nothing in this subsection shall be construed to establish a duty on the part of the Secretary to identify or readjudicate any claim that—“(A) is not submitted during the one-year period referred to in paragraph (1); or “(B) has been the subject of a timely appeal to the Board of Veterans Appeals or the United States Court of Appeals for Veterans Claims. “(e) Construction on Providing Renotification.—Nothing in this section [amending this section and section 5102 of this title and enacting provisions set out as a note under section 5102 of this title], or the amendments made by this section, shall be construed to require the Secretary of Veterans Affairs—“(1) to provide notice under section 5103(a) of such title with respect to a claim insofar as the Secretary has previously provided such notice; or “(2) to provide for a special notice with respect to this section and the amendments made by this section.”
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# 38 U.S.C. § 5103A - Duty to assist claimants
## Text
(a) Duty To Assist.— (1) The Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimants claim for a benefit under a law administered by the Secretary.
(2) The Secretary is not required to provide assistance to a claimant under this section if no reasonable possibility exists that such assistance would aid in substantiating the claim.
(3) The Secretary may defer providing assistance under this section pending the submission by the claimant of essential information missing from the claimants application.
(b) Assistance in Obtaining Private Records.— (1) As part of the assistance provided under subsection (a), the Secretary shall make reasonable efforts to obtain relevant private records that the claimant adequately identifies to the Secretary.
(2) (A) Whenever the Secretary, after making such reasonable efforts, is unable to obtain all of the relevant records sought, the Secretary shall notify the claimant that the Secretary is unable to obtain records with respect to the claim. Such a notification shall—
(i) identify the records the Secretary is unable to obtain;
(ii) briefly explain the efforts that the Secretary made to obtain such records; and
(iii) explain that the Secretary will decide the claim based on the evidence of record but that this section does not prohibit the submission of records at a later date if such submission is otherwise allowed.
(B) The Secretary shall make not less than two requests to a custodian of a private record in order for an effort to obtain relevant private records to be treated as reasonable under this section, unless it is made evident by the first request that a second request would be futile in obtaining such records.
(3) (A) This section shall not apply if the evidence of record allows for the Secretary to award the maximum benefit in accordance with this title based on the evidence of record.
(B) For purposes of this paragraph, the term “maximum benefit” means the highest evaluation assignable in accordance with the evidence of record, as long as such evidence is adequate for rating purposes and sufficient to grant the earliest possible effective date in accordance with section 5110 of this title.
(4) Under regulations prescribed by the Secretary, the Secretary—
(A) shall encourage claimants to submit relevant private medical records of the claimant to the Secretary if such submission does not burden the claimant; and
(B) in obtaining relevant private records under paragraph (1), may require the claimant to authorize the Secretary to obtain such records if such authorization is required to comply with Federal, State, or local law.
(c) Obtaining Records for Compensation Claims.— (1) In the case of a claim for disability compensation, the assistance provided by the Secretary under this section shall include obtaining the following records if relevant to the claim:
(A) The claimants service medical records and, if the claimant has furnished the Secretary information sufficient to locate such records, other relevant records pertaining to the claimants active military, naval, air, or space service that are held or maintained by a governmental entity.
(B) Records of relevant medical treatment or examination of the claimant at Department health-care facilities or at the expense of the Department, if the claimant furnishes information sufficient to locate those records.
(C) Any other relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes the Secretary to obtain.
(2) Whenever the Secretary attempts to obtain records from a Federal department or agency under this subsection, the efforts to obtain those records shall continue until the records are obtained unless it is reasonably certain that such records do not exist or that further efforts to obtain those records would be futile.
(d) Medical Examinations for Compensation Claims.— (1) In the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (a) shall include providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.
(2) The Secretary shall treat an examination or opinion as being necessary to make a decision on a claim for purposes of paragraph (1) if the evidence of record before the Secretary, taking into consideration all information and lay or medical evidence (including statements of the claimant)—
(A) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and
(B) indicates that the disability or symptoms may be associated with the claimants active military, naval, air, or space service; but
(C) does not contain sufficient medical evidence for the Secretary to make a decision on the claim.
(e) Applicability of Duty to Assist.— (1) The Secretarys duty to assist under this section shall apply only to a claim, or supplemental claim, for a benefit under a law administered by the Secretary until the time that a claimant is provided notice of the agency of original jurisdictions decision with respect to such claim, or supplemental claim, under section 5104 of this title.
(2) The Secretarys duty to assist under this section shall not apply to higher-level review by the agency of original jurisdiction, pursuant to section 5104B of this title, or to review on appeal by the Board of Veterans Appeals.
(f) Correction of Duty to Assist Errors.— (1) If, during review of the agency of original jurisdiction decision under section 5104B of this title, the higher-level adjudicator identifies or learns of an error on the part of the agency of original jurisdiction to satisfy its duties under this section, and that error occurred prior to the agency of original jurisdiction decision being reviewed, unless the Secretary may award the maximum benefit in accordance with this title based on the evidence of record, the higher-level adjudicator shall return the claim for correction of such error and readjudication.
(2) (A) If the Board of Veterans Appeals, during review on appeal of an agency of original jurisdiction decision, identifies or learns of an error on the part of the agency of original jurisdiction to satisfy its duties under this section, and that error occurred prior to the agency of original jurisdiction decision on appeal, unless the Secretary may award the maximum benefit in accordance with this title based on the evidence of record, the Board shall remand the claim to the agency of original jurisdiction for correction of such error and readjudication.
(B) Remand for correction of such error may include directing the agency of original jurisdiction to obtain an advisory medical opinion under section 5109 of this title.
(3) Nothing in this subsection shall be construed to imply that the Secretary, during the consideration of a claim, does not have a duty to correct an error described in paragraph (1) or (2) that was erroneously not identified during higher-level review or during review on appeal with respect to the claim.
(g) Regulations.— The Secretary shall prescribe regulations to carry out this section.
(h) Rule With Respect to Disallowed Claims.— Nothing in this section shall be construed to require the Secretary to readjudicate a claim that has been disallowed except when new and relevant evidence is presented or secured, as described in section 5108 of this title.
(i) Other Assistance Not Precluded.— Nothing in this section shall be construed as precluding the Secretary from providing such other assistance under subsection (a) to a claimant in substantiating a claim as the Secretary considers appropriate.
(Added Pub. L. 106475, § 3(a), Nov. 9, 2000, 114 Stat. 2097; amended Pub. L. 112154, title V, § 505(a), (b), Aug. 6, 2012, 126 Stat. 1192; Pub. L. 11555, § 2(c), (d), Aug. 23, 2017, 131 Stat. 1105; Pub. L. 116283, div. A, title IX, § 926(a)(51), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Subsecs. (c)(1)(A), (d)(2)(B). Pub. L. 116283 substituted “air, or space service” for “or air service”. 2017—Subsec. (e). Pub. L. 11555, § 2(d)(2), added subsec. (e). Former subsec. (e) redesignated (g). Subsec. (f). Pub. L. 11555, § 2(d)(2), added subsec. (f). Former subsec. (f) redesignated (h). Pub. L. 11555, § 2(c), substituted “readjudicate” for “reopen” and “relevant” for “material”. Subsecs. (g) to (i). Pub. L. 11555, § 2(d)(1), redesignated subsecs. (e) to (g) as (g) to (i), respectively. 2012—Subsec. (b). Pub. L. 112154, § 505(a), amended subsec. (b) generally. Prior to amendment, text read as follows: “(1) As part of the assistance provided under subsection (a), the Secretary shall make reasonable efforts to obtain relevant records (including private records) that the claimant adequately identifies to the Secretary and authorizes the Secretary to obtain. “(2) Whenever the Secretary, after making such reasonable efforts, is unable to obtain all of the relevant records sought, the Secretary shall notify the claimant that the Secretary is unable to obtain records with respect to the claim. Such a notification shall— “(A) identify the records the Secretary is unable to obtain; “(B) briefly explain the efforts that the Secretary made to obtain those records; and “(C) describe any further action to be taken by the Secretary with respect to the claim. “(3) Whenever the Secretary attempts to obtain records from a Federal department or agency under this subsection or subsection (c), the efforts to obtain those records shall continue until the records are obtained unless it is reasonably certain that such records do not exist or that further efforts to obtain those records would be futile.” Subsec. (c). Pub. L. 112154, § 505(b), amended subsec. (c) generally. Prior to amendment, text read as follows: “In the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (b) shall include obtaining the following records if relevant to the claim: “(1) The claimants service medical records and, if the claimant has furnished the Secretary information sufficient to locate such records, other relevant records pertaining to the claimants active military, naval, or air service that are held or maintained by a governmental entity. “(2) Records of relevant medical treatment or examination of the claimant at Department health-care facilities or at the expense of the Department, if the claimant furnishes information sufficient to locate those records. “(3) Any other relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes the Secretary to obtain.”
Statutory Notes and Related Subsidiaries
Effective Date of 2017 AmendmentAmendment by Pub. L. 11555 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. 11555 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. 11555, set out as a note under section 101 of this title, and bracketed note thereunder.
Effective Date of 2012 AmendmentPub. L. 112154, title V, § 505(c), Aug. 6, 2012, 126 Stat. 1193, provided that: “(1) In general.—The amendments made by subsections (a) and (b) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Aug. 6, 2012] and shall apply with respect to assistance obligations of the Secretary of Veterans Affairs on or after such date. “(2) Construction.—Nothing in this section [amending this section] or the amendments made by this section shall be construed to require the Secretary to carry out assistance in accordance with requirements of section 5103A of title 38, United States Code, as in effect on the day before the effective date established in paragraph (1) on or after such effective date.”
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# 38 U.S.C. § 5104 - Decisions and notices of decisions
## Text
(a) In the case of a decision by the Secretary under section 511 of this title affecting the provision of benefits to a claimant, the Secretary shall, on a timely basis, provide to the claimant (and to the claimants representative) notice of such decision. The notice shall include an explanation of the procedure for obtaining review of the decision.
(b) Each notice provided under subsection (a) shall also include all of the following:
(1) Identification of the issues adjudicated.
(2) A summary of the evidence considered by the Secretary.
(3) A summary of the applicable laws and regulations.
(4) Identification of findings favorable to the claimant.
(5) In the case of a denial, identification of elements not satisfied leading to the denial.
(6) An explanation of how to obtain or access evidence used in making the decision.
(7) If applicable, identification of the criteria that must be satisfied to grant service connection or the next higher level of compensation.
(c) The Secretary may provide notice under subsection (a) electronically if a claimant (or the claimants representative) elects to receive such notice electronically. A claimant (or the claimants representative) may revoke such an election at any time, by means prescribed by the Secretary.
(d) The Secretary shall annually—
(1) solicit recommendations from stakeholders on how to improve notice under this section; and
(2) publish such recommendations on a publicly available website of the Department.
(Added Pub. L. 101237, title I, § 115(a)(1), Dec. 18, 1989, 103 Stat. 2065, § 3004; renumbered § 5104, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 10254, § 14(d)(1), June 13, 1991, 105 Stat. 285; Pub. L. 103446, title XII, § 1201(d)(15), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 11555, § 2(e), Aug. 23, 2017, 131 Stat. 1106; Pub. L. 117168, title VIII, § 807(a)(2), Aug. 10, 2022, 136 Stat. 1806.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 5104 was renumbered section 8304 of this title.
Amendments2022—Subsecs. (c), (d). Pub. L. 117168 added subsecs. (c) and (d). 2017—Subsec. (b). Pub. L. 11555 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “In any case where the Secretary denies a benefit sought, the notice required by subsection (a) shall also include (1) a statement of the reasons for the decision, and (2) a summary of the evidence considered by the Secretary.” 1994—Subsec. (a). Pub. L. 103446 substituted “section 511” for “section 211(a)”. 1991—Pub. L. 10240 renumbered section 3004 of this title as this section. Pub. L. 10254 amended section as in effect immediately before enactment of Pub. L. 10240 by striking out “(1)” after “(a)” and substituting “(b)” for “(2)”, “subsection (a)” for “paragraph (1) of this subsection”, “(1)” for “(A)”, and “(2)” for “(B)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 AmendmentAmendment by Pub. L. 11555 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under this section 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. 11555 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. 11555, set out as a note under section 101 of this title, and bracketed note thereunder.
Effective DatePub. L. 101237, title I, § 115(b), Dec. 18, 1989, 103 Stat. 2066, provided that: “Section 3004 [now 5104] of title 38, United States Code, as added by subsection (a), shall apply with respect to decisions by the Secretary of Veterans Affairs made after January 31, 1990.”
Rule of ConstructionAmendment by Pub. L. 117168 not to be construed to apply subsec. (a) of this section to decisions of the Board of Veterans Appeals under chapter 71 of this title, see section 807(b) of Pub. L. 117168, set out as a note under section 5100 of this title.
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# 38 U.S.C. § 5104A - Binding nature of favorable findings
## Text
Any finding favorable to the claimant as described in section 5104(b)(4) of this title shall be binding on all subsequent adjudicators within the Department, unless clear and convincing evidence is shown to the contrary to rebut such favorable finding.
(Added Pub. L. 11555, § 2(f)(1), Aug. 23, 2017, 131 Stat. 1107.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 11555 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. 11555, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
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# 38 U.S.C. § 5104B - Higher-level review by the agency of original jurisdiction
## Text
(a) In General.— (1) A claimant may request a review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction.
(2) The Secretary shall approve each request for review under paragraph (1).
(b) Time and Manner of Request.— (1) A request for higher-level review by the agency of original jurisdiction shall be—
(A) in writing in such form as the Secretary may prescribe; and
(B) made within one year of the notice of the agency of original jurisdictions decision.
(2) Such request may specifically indicate whether such review is requested by a higher-level adjudicator at the same office within the agency of original jurisdiction or by an adjudicator at a different office of the agency of original jurisdiction. The Secretary shall not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause.
(c) Decision.— Notice of a higher-level review decision under this section shall be provided to the claimant (and any representative of such claimant) and shall include a general statement—
(1) reflecting whether evidence was not considered pursuant to subsection (d); and
(2) noting the options available to the claimant to have the evidence described in paragraph (1), if any, considered by the Department.
(d) Evidentiary Record for Review.— The evidentiary record before the higher-level adjudicator shall be limited to the evidence of record in the agency of original jurisdiction decision being reviewed.
(e) De Novo Review.— A review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction shall be de novo.
(Added Pub. L. 11555, § 2(g)(1), Aug. 23, 2017, 131 Stat. 1107; amended Pub. L. 117168, title VIII, § 807(a)(3), Aug. 10, 2022, 136 Stat. 1806.)
## Notes
Editorial Notes
Amendments2022—Subsec. (c). Pub. L. 117168 substituted “to the claimant (and any representative of such claimant)” for “in writing” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 11555 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. 11555, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
Rule of ConstructionAmendment by Pub. L. 117168 not to be construed to apply section 5104(a) of this title to decisions of the Board of Veterans Appeals under chapter 71 of this title, see section 807(b) of Pub. L. 117168, set out as a note under section 5100 of this title.
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# 38 U.S.C. § 5104C - Options following decision by agency of original jurisdiction
## Text
(a) Within One Year of Decision.— (1) Subject to paragraph (2), in any case in which the Secretary renders a decision on a claim, the claimant may take any of the following actions on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision with respect to that claim:
(A) File a request for higher-level review under section 5104B of this title.
(B) File a supplemental claim under section 5108 of this title.
(C) File a notice of disagreement under section 7105 of this title.
(2) (A) Once a claimant takes an action set forth in paragraph (1), the claimant may not take another action set forth in that paragraph with respect to the same claim or same issue contained within the claim until—
(i) the higher-level review, supplemental claim, or notice of disagreement is adjudicated; or
(ii) the request for higher-level review, supplemental claim, or notice of disagreement is withdrawn.
(B) Nothing in this subsection shall prohibit a claimant from taking any of the actions set forth in paragraph (1) in succession with respect to a claim or an issue contained within the claim.
(C) Nothing in this subsection shall prohibit a claimant from taking different actions set forth in paragraph (1) with respect to different claims or different issues contained within a claim.
(D) The Secretary may, as the Secretary considers appropriate, develop and implement a policy for claimants who—
(i) take an action under paragraph (1);
(ii) wish to withdraw the action before the higher-level review, supplemental claim, or notice of disagreement is adjudicated; and
(iii) in lieu of such action take a different action under paragraph (1).
(b) More Than One Year After Decision.— In any case in which the Secretary renders a decision on a claim and more than one year has passed since the date on which the agency of original jurisdiction issues a decision with respect to that claim, the claimant may file a supplemental claim under section 5108 of this title.
(Added Pub. L. 11555, § 2(h)(1), Aug. 23, 2017, 131 Stat. 1108.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 11555 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. 11555, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
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# 38 U.S.C. § 5105 - Joint applications for social security and dependency and indemnity compensation
## Text
(a) The Secretary and the Commissioner of Social Security may jointly prescribe forms for use by survivors of members and former members of the uniformed services in filing application for benefits under chapter 13 of this title and title II of the Social Security Act (42 U.S.C. 401 et seq.). Such forms shall request information sufficient to constitute an application for benefits under both chapter 13 of this title and title II of the Social Security Act (42 U.S.C. 401 et seq.).
(b) When an application on any document indicating an intent to apply for survivor benefits is filed with either the Secretary or the Commissioner of Social Security, it shall be deemed to be an application for benefits under both chapter 13 of this title and title II of the Social Security Act (42 U.S.C. 401 et seq.). A copy of each such application filed with either the Secretary or the Commissioner, together with any additional information and supporting documents (or certifications thereof) which may have been received by the Secretary or the Commissioner with such application, and which may be needed by the other official in connection therewith, shall be transmitted by the Secretary or the Commissioner receiving the application to the other official. The preceding sentence shall not prevent the Secretary and the Commissioner of Social Security from requesting the applicant, or any other individual, to furnish such additional information as may be necessary for purposes of chapter 13 of this title and title II of the Social Security Act (42 U.S.C. 401 et seq.), respectively.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1226, § 3005; Pub. L. 97295, § 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98160, title VII, § 702(16), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5105, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(b)(9), Aug. 6, 1991, 105 Stat. 405; Pub. L. 103296, title I, § 108(k), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 112154, title V, § 503, Aug. 6, 2012, 126 Stat. 1191.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Prior ProvisionsPrior section 5105 was renumbered section 8305 of this title.
Amendments2012—Subsec. (a). Pub. L. 112154, § 503(1), substituted “may jointly” for “shall jointly” and “Such forms” for “Each such form”. Subsec. (b). Pub. L. 112154, § 503(2), substituted “on any document indicating an intent to apply for survivor benefits” for “on such a form”. 1994—Subsec. (a). Pub. L. 103296, § 108(k)(1), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services”. Subsec. (b). Pub. L. 103296, § 108(k), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in two places and amended second sentence generally. Prior to amendment, second sentence read as follows: “A copy of each such application filed with either Secretary, together with any additional information and supporting documents (or certifications thereof) which may have been received by that Secretary with such application, and which may be needed by the other Secretary in connection therewith, shall be transmitted by the Secretary receiving the application to the other Secretary.” 1991—Pub. L. 10240, § 402(b)(1), renumbered section 3005 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(9)(A)(C), substituted “(a) The Secretary” for “The Administrator” at the beginning of text and substituted “401 et seq.).” for “401 et seq.); and” in second sentence. Subsec. (b). Pub. L. 10283, § 4(b)(9)(D)(J), substituted “(b) When an application on such a form is filed with either the Secretary” for “when an application on such form has been filed with either the Administrator”, “filed with either Secretary” for “filed with the Administrator”, “received by that Secretary” for “received by the Administrator”, “needed by the other Secretary” for “needed by the Secretary”, and “by the Secretary receiving the application to the other Secretary.” for “by the Administrator to the Secretary;”, struck out “and a copy of each such application filed with the Secretary, together with any additional information and supporting documents (or certifications thereof) which may have been received by the Secretary with such form, and which may be needed by the Administrator in connection therewith, shall be transmitted by the Secretary to the Administrator.” before “The preceding sentence”, and substituted “the Secretary and the Secretary of Health and Human Services” for “the Secretary and the Administrator”. 1983—Pub. L. 98160 substituted “title II of the Social Security Act (42 U.S.C. 401 et seq.)” for “subchapter II of chapter 7 of title 42” wherever appearing. 1982—Pub. L. 97295 substituted “Health and Human Services” for “Health, Education, and Welfare” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103296, set out as a note under section 401 of Title 42, The Public Health and Welfare.
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# 38 U.S.C. § 5106 - Furnishing of information by other agencies
## Text
The head of any Federal department or agency shall provide such information to the Secretary as the Secretary may request for purposes of determining eligibility for or amount of benefits, or verifying other information with respect thereto. The cost of providing information to the Secretary under this section shall be borne by the department or agency providing the information.
(Added Pub. L. 94432, title IV, § 403(2), Sept. 30, 1976, 90 Stat. 1372, § 3006; amended Pub. L. 99576, title VII, § 701(62), Oct. 28, 1986, 100 Stat. 3296; renumbered § 5106, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 106475, § 5, Nov. 9, 2000, 114 Stat. 2099.)
## Notes
Editorial Notes
Amendments2000—Pub. L. 106475 inserted at end “The cost of providing information to the Secretary under this section shall be borne by the department or agency providing the information.” 1991—Pub. L. 10240 renumbered section 3006 of this title as this section. Pub. L. 10283 substituted “Secretary” for “Administrator” in two places. 1986—Pub. L. 99576 substituted “the Administrator” for “he” before “may request”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Sept. 30, 1976, see section 405(a) of Pub. L. 94432, set out as an Effective Date of 1976 Amendment note under section 1521 of this title.
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# 38 U.S.C. § 5107 - Claimant responsibility; benefit of the doubt
## Text
(a) Claimant Responsibility.— Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits under laws administered by the Secretary.
(b) Benefit of the Doubt.— The Secretary shall consider all information and lay and medical evidence of record in a case before the Secretary with respect to benefits under laws administered by the Secretary. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.
(Added Pub. L. 100687, div. A, title I, § 103(a)(1), Nov. 18, 1988, 102 Stat. 4106, § 3007; renumbered § 5107 and amended Pub. L. 10240, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10283, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405; Pub. L. 106398, § 1 [[div. A], title XVI, § 1611(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A359; Pub. L. 106419, title I, § 104(c)(2), Nov. 1, 2000, 114 Stat. 1828; Pub. L. 106475, § 4, Nov. 9, 2000, 114 Stat. 2098.)
## Notes
Editorial Notes
Amendments2000—Pub. L. 106475 substituted “Claimant responsibility; benefit of the doubt” for “Burden of proof; benefit of the doubt” in section catchline and amended text generally. Prior to amendment, text read as follows: “(a) Except when otherwise provided by the Secretary in accordance with the provisions of this title, a person who submits a claim for benefits under a law administered by the Secretary shall have the burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that the claim is well grounded. The Secretary shall assist such a claimant in developing the facts pertinent to the claim. Such assistance shall include requesting information as described in section 5106 of this title. “(b) When, after consideration of all evidence and material of record in a case before the Department with respect to benefits under laws administered by the Secretary, there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant. Nothing in this subsection shall be construed as shifting from the claimant to the Secretary the burden specified in subsection (a) of this section.” Pub. L. 106398, § 1 [[div. A], title XVI, § 1611(a)], directed the general amendment of the section catchline and text. Pub. L. 106419, § 104(c)(2), provided that, as of the enactment of Pub. L. 106419, the amendment made by Pub. L. 106398, § 1 [[div. A], title XVI, § 1611(a)], was deemed for all purposes not to have taken effect and that Pub. L. 106398, § 1 [[div. A], title XVI, § 1611(a)], ceased to be in effect. 1991—Pub. L. 10240, § 402(b)(1), renumbered section 3007 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. Pub. L. 10240, § 402(d)(1), substituted “5106” for “3006”. Subsec. (b). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “the burden”. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentPub. L. 106475, § 7, Nov. 9, 2000, 114 Stat. 2099, provided that: “(a) In General.—Except as specifically provided otherwise, the provisions of section 5107 of title 38, United States Code, as amended by section 4 of this Act, apply to any claim—“(1) filed on or after the date of the enactment of this Act [Nov. 9, 2000]; or “(2) filed before the date of the enactment of this Act and not final as of that date. “(b) Rule for Claims the Denial of Which Became Final After the Court of Appeals for Veterans Claims Decision in the Morton Case.—(1) In the case of a claim for benefits denied or dismissed as described in paragraph (2), the Secretary of Veterans Affairs shall, upon the request of the claimant or on the Secretarys own motion, order the claim readjudicated under chapter 51 of such title, as amended by this Act, as if the denial or dismissal had not been made. “(2) A denial or dismissal described in this paragraph is a denial or dismissal of a claim for a benefit under the laws administered by the Secretary of Veterans Affairs that—“(A) became final during the period beginning on July 14, 1999, and ending on the date of the enactment of this Act; and “(B) was issued by the Secretary of Veterans Affairs or a court because the claim was not well grounded (as that term was used in section 5107(a) of title 38, United States Code, as in effect during that period). “(3) A claim may not be readjudicated under this subsection unless a request for readjudication is filed by the claimant, or a motion is made by the Secretary, not later than 2 years after the date of the enactment of this Act. “(4) In the absence of a timely request of a claimant under paragraph (3), nothing in this Act [see Short Title of 2000 Amendments note set out under section 101 of this title] shall be construed as establishing a duty on the part of the Secretary of Veterans Affairs to locate and readjudicate a claim described in this subsection.”
Effective DateSection effective Sept. 1, 1989, see section 401(a) of Pub. L. 100687, set out as a note under section 7251 of this title.
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# 38 U.S.C. § 5108 - Supplemental claims
## Text
(a) In General.— If new and relevant evidence is presented or secured with respect to a supplemental claim, the Secretary shall readjudicate the claim taking into consideration all of the evidence of record.
(b) Duty to Assist.— (1) If a claimant, in connection with a supplemental claim, reasonably identifies existing records, whether or not in the custody of a Federal department or agency, the Secretary shall assist the claimant in obtaining the records in accordance with section 5103A of this title.
(2) Assistance under paragraph (1) shall not be predicated upon a finding that new and relevant evidence has been presented or secured.
(Added Pub. L. 100687, div. A, title I, § 103(a)(1), Nov. 18, 1988, 102 Stat. 4107, § 3008; renumbered § 5108, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 11555, § 2(i)(1), Aug. 23, 2017, 131 Stat. 1109.)
## Notes
Editorial Notes
Amendments2017—Pub. L. 11555 amended section generally. Prior to amendment, text read as follows: “If new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.” 1991—Pub. L. 10240 renumbered section 3008 of this title as this section. Pub. L. 10283 substituted “Secretary” for “Administrator”.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 AmendmentAmendment by Pub. L. 11555 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. 11555 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. 11555, set out as a note under section 101 of this title, and bracketed note thereunder.
Effective DateSection effective Sept. 1, 1989, see section 401(a) of Pub. L. 100687, set out as a note under section 7251 of this title.
Construction of 2017 AmendmentPub. L. 11555, § 2(i)(2), Aug. 23, 2017, 131 Stat. 1109, provided that: “Section 5108 of such title [38 U.S.C. 5108], as amended by paragraph (1), shall not be construed to impose a higher evidentiary threshold than the new and material evidence standard that was in effect pursuant to such section on the day before the date of the enactment of this Act [Aug. 23, 2017].”
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# 38 U.S.C. § 5109 - Independent medical opinions
## Text
(a) When, in the judgment of the Secretary, expert medical opinion, in addition to that available within the Department, is warranted by the medical complexity or controversy involved in a case being considered by the Department, the Secretary may secure an advisory medical opinion from one or more independent medical experts who are not employees of the Department.
(b) The Secretary shall make necessary arrangements with recognized medical schools, universities, or clinics to furnish such advisory medical opinions. Any such arrangement shall provide that the actual selection of the expert or experts to give the advisory opinion in an individual case shall be made by an appropriate official of such institution.
(c) The Secretary shall furnish a claimant with notice that an advisory medical opinion has been requested under this section with respect to the claimants case and shall furnish the claimant with a copy of such opinion when it is received by the Secretary.
(d) (1) The Board of Veterans Appeals shall remand a claim to direct the agency of original jurisdiction to obtain an advisory medical opinion from an independent medical expert under this section if the Board finds that the Veterans Benefits Administration should have exercised its discretion to obtain such an opinion.
(2) The Boards remand instructions shall include the questions to be posed to the independent medical expert providing the advisory medical opinion.
(Added Pub. L. 100687, div. A, title I, § 103(a)(1), Nov. 18, 1988, 102 Stat. 4107, § 3009; renumbered § 5109, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 10283, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 11555, § 2(j), Aug. 23, 2017, 131 Stat. 1109.)
## Notes
Editorial Notes
Amendments2017—Subsec. (d). Pub. L. 11555 added subsec. (d). 1991—Pub. L. 10240 renumbered section 3009 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” wherever appearing. Subsecs. (b), (c). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2017 AmendmentAmendment by Pub. L. 11555 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. 11555 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. 11555, set out as a note under section 101 of this title, and bracketed note thereunder.
Effective DateSection effective Sept. 1, 1989, see section 401(a) of Pub. L. 100687, set out as a note under section 7251 of this title.
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# 38 U.S.C. § 5109A - Revision of decisions on grounds of clear and unmistakable error
## Text
(a) A decision by the Secretary under this chapter is subject to revision on the grounds of clear and unmistakable error. If evidence establishes the error, the prior decision shall be reversed or revised.
(b) For the purposes of authorizing benefits, a rating or other adjudicative decision that constitutes a reversal or revision of a prior decision on the grounds of clear and unmistakable error has the same effect as if the decision had been made on the date of the prior decision.
(c) Review to determine whether clear and unmistakable error exists in a case may be instituted by the Secretary on the Secretarys own motion or upon request of the claimant.
(d) A request for revision of a decision of the Secretary based on clear and unmistakable error may be made at any time after that decision is made.
(e) Such a request shall be submitted to the Secretary and shall be decided in the same manner as any other claim.
(Added Pub. L. 105111, § 1(a)(1), Nov. 21, 1997, 111 Stat. 2271.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 105111, § 1(c)(1), Nov. 21, 1997, 111 Stat. 2272, provided that: “Sections 5109A and 7111 of title 38, United States Code, as added by this section, apply to any determination made before, on, or after the date of the enactment of this Act [Nov. 21, 1997].”
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# 38 U.S.C. § 5109B - Expedited treatment of returned and remanded claims
## Text
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 section 5104B of this title or remanded by the Board of Veterans Appeals.
(Added Pub. L. 108183, title VII, § 707(a)(1), Dec. 16, 2003, 117 Stat. 2672; amended Pub. L. 11555, § 2(k)(1), Aug. 23, 2017, 131 Stat. 1109.)
## Notes
Editorial Notes
Amendments2017—Pub. L. 11555, § 2(k)(1), 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 AmendmentAmendment by Pub. L. 11555 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. 11555 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. 11555, set out as a note under section 101 of this title, and bracketed note thereunder.
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# 38 U.S.C. § 5111 - Commencement of period of payment
## Text
(a) (1) Notwithstanding section 5110 of this title or any other provision of law and except as provided in paragraph (2) and subsection (c), payment of monetary benefits based on an award or an increased award of compensation, dependency and indemnity compensation, or pension may not be made to an individual for any period before the first day of the calendar month following the month in which the award or increased award became effective as provided under section 5110 of this title or such other provision of law.
(2) (A) In the case of a veteran who is retired or separated from the active military, naval, air, or space service for a catastrophic disability or disabilities, payment of monetary benefits based on an award of compensation based on an original claim shall be made as of the date on which such award becomes effective as provided under section 5110 of this title or another applicable provision of law.
(B) For the purposes of this paragraph, the term “catastrophic disability”, with respect to a veteran, means a permanent, severely disabling injury, disorder, or disease that compromises the ability of the veteran to carry out the activities of daily living to such a degree that the veteran requires personal or mechanical assistance to leave home or bed, or requires constant supervision to avoid physical harm to self or others.
(b) (1) Except as provided in paragraph (2) of this subsection, during the period between the effective date of an award or increased award as provided under section 5110 of this title or other provision of law and the commencement of the period of payment based on such award as provided under subsection (a) of this section, an individual entitled to receive monetary benefits shall be deemed to be in receipt of such benefits for the purpose of all laws administered by the Secretary.
(2) If any person who is in receipt of retired or retirement pay would also be eligible to receive compensation or pension upon the filing of a waiver of such pay in accordance with section 5305 of this title, such waiver shall not become effective until the first day of the month following the month in which such waiver is filed, and nothing in this section shall prohibit the receipt of retired or retirement pay for any period before such effective date.
(c) (1) This section shall not apply to payments made pursuant to section 5310 of this title.
(2) In the case of a temporary increase in compensation for hospitalization or treatment where such hospitalization or treatment commences and terminates within the same calendar month, the period of payment shall commence on the first day of such month.
(d) For the purposes of this section, the term “award or increased award” means—
(1) an original award or award based on a supplemental claim; or
(2) an award that is increased because of an added dependent, increase in disability or disability rating, or reduction in income.
(Added Pub. L. 97253, title IV, § 401(a)(1), Sept. 8, 1982, 96 Stat. 801, § 3011; amended Pub. L. 98223, title I, § 113, Mar. 2, 1984, 98 Stat. 40; renumbered § 5111 and amended Pub. L. 10240, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10283, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 111275, title VI, § 605(a), Oct. 13, 2010, 124 Stat. 2885; Pub. L. 112154, title V, § 507(b), Aug. 6, 2012, 126 Stat. 1194; Pub. L. 11555, § 2(m), Aug. 23, 2017, 131 Stat. 1110; Pub. L. 116283, div. A, title IX, § 926(a)(53), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Subsec. (a)(2)(A). Pub. L. 116283 substituted “air, or space service” for “or air service”. 2017—Subsec. (d)(1). Pub. L. 11555 substituted “award or award based on a supplemental claim” for “or reopened award”. 2012—Subsec. (c)(1). Pub. L. 112154 substituted “not apply to payments made pursuant to section 5310 of this title” for “apply to payments made pursuant to section 5310 of this title only if the monthly amount of dependency and indemnity compensation or pension payable to the surviving spouse is greater than the amount of compensation or pension the veteran would have received, but for such veterans death, for the month in which such veterans death occurred”. 2010—Subsec. (a). Pub. L. 111275 designated existing provisions as par. (1), substituted “in paragraph (2) and subsection (c)” for “in subsection (c) of this section”, and added par. (2). 1991—Pub. L. 10240, § 402(b)(1), renumbered section 3011 of this title as this section. Subsec. (a). Pub. L. 10240, § 402(d)(1), substituted “5110” for “3010” in two places. Subsec. (b)(1). Pub. L. 10283 substituted “administered by the Secretary” for “administered by the Veterans Administration”. Pub. L. 10240, § 402(d)(1), substituted “5110” for “3010”. Subsec. (b)(2). Pub. L. 10240, § 402(d)(1), substituted “5305” for “3105”. Subsec. (c)(1). Pub. L. 10240, § 402(d)(1), substituted “5310” for “3110”. 1984—Subsec. (c). Pub. L. 98223 designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 AmendmentAmendment by Pub. L. 11555 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. 11555 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. 11555, set out as a note under section 101 of this title, and bracketed note thereunder.
Effective Date of 2012 AmendmentPub. L. 112154, title V, § 507(c), Aug. 6, 2012, 126 Stat. 1194, provided that: “The amendments made by this section [amending this section and section 5310 of this title] shall take effect on the date of the enactment of this Act [Aug. 6, 2012], and shall apply with respect to deaths that occur on or after that date.”
Effective Date of 2010 AmendmentPub. L. 111275, title VI, § 605(b), Oct. 13, 2010, 124 Stat. 2886, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2011, and shall apply with respect to awards of compensation based on original claims that become effective on or after that date.”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98223 effective Oct. 1, 1983, see section 114 of Pub. L. 98223, set out as a note under section 1112 of this title.
Effective DatePub. L. 97253, title IV, § 401(b), Sept. 8, 1982, 96 Stat. 802, provided that: “Section 3011 [now 5111] of title 38, United States Code, as added by subsection (a), shall apply to awards and increased awards the effective dates of which are after September 30, 1982.”
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# 38 U.S.C. § 5112 - Effective dates of reductions and discontinuances
## Text
(a) Except as otherwise specified in this section, the effective date of reduction or discontinuance of compensation, dependency and indemnity compensation, or pension shall be fixed in accordance with the facts found.
(b) The effective date of a reduction or discontinuance of compensation, dependency and indemnity compensation, or pension—
(1) by reason of marriage or remarriage, or death of a payee shall be the last day of the month before such marriage, remarriage, or death occurs;
(2) by reason of marriage, annulment, divorce, or death of a dependent of a payee shall be the last day of the month in which such marriage, annulment, divorce, or death occurs;
(3) by reason of receipt of active service pay or retirement pay shall be the day before the date such pay began;
(4) by reason of—
(A) change in income shall (except as provided in section 5312 of this title) be the last day of the month in which the change occurred; and
(B) change in corpus of estate shall be the last day of the calendar year in which the change occurred;
(5) by reason of a change in disability or employability of a veteran in receipt of pension shall be the last day of the month in which discontinuance of the award is approved;
(6) by reason of change in law or administrative issue, change in interpretation of a law or administrative issue, or, for compensation purposes, a change in service-connected or employability status or change in physical condition shall be the last day of the month following sixty days from the date of notice to the payee of the reduction or discontinuance;
(7) by reason of the discontinuance of school attendance of a payee or a dependent of a payee shall be the last day of the month in which such discontinuance occurred;
(8) by reason of termination of a temporary increase in compensation for hospitalization or treatment shall be the last day of the month in which the hospital discharge or termination of treatment occurred, whichever is earlier;
(9) by reason of an erroneous award based on an act of commission or omission by the beneficiary, or with the beneficiarys knowledge, shall be the effective date of the award; and
(10) by reason of an erroneous award based solely on administrative error or error in judgment shall be the date of last payment.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1227, § 3012; Pub. L. 87825, § 2, Oct. 15, 1962, 76 Stat. 949; Pub. L. 89730, § 3, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 90275, § 5, Mar. 28, 1968, 82 Stat. 68; Pub. L. 92198, § 3, Dec. 15, 1971, 85 Stat. 664; Pub. L. 94433, title IV, § 402, Sept. 30, 1976, 90 Stat. 1378; Pub. L. 95588, title III, § 303, Nov. 4, 1978, 92 Stat. 2506; Pub. L. 97253, title IV, § 402(a), Sept. 8, 1982, 96 Stat. 802; Pub. L. 99576, title V, § 503, title VII, § 701(64), Oct. 28, 1986, 100 Stat. 3286, 3296; renumbered § 5112 and amended Pub. L. 10240, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 107103, title II, § 204(b)(2), Dec. 27, 2001, 115 Stat. 990; Pub. L. 117168, title VIII, § 807(a)(4), Aug. 10, 2022, 136 Stat. 1806.)
## Notes
Editorial Notes
Amendments2022—Subsec. (b)(6). Pub. L. 117168 struck out “(at the payees last address of record)” after “notice to the payee”. 2001—Subsec. (c). Pub. L. 107103 struck out subsec. (c) which read as follows: “The effective date of a discontinuance under section 5503(b)(1)(A) of this title of pension, compensation, or emergency officers retirement pay by reason of hospital treatment or institutional or domiciliary care shall be the last day of the first month of such treatment or care during which the value of the veterans estate, as determined under such section, equals or exceeds $1,500.” 1991—Pub. L. 10240, § 402(b)(1), renumbered section 3012 of this title as this section. Subsec. (b)(4)(A). Pub. L. 10240, § 402(d)(1), substituted “5312” for “3112”. Subsec. (c). Pub. L. 10240, § 402(d)(1), substituted “5503(b)(1)(A)” for “3203(b)(1)(A)”. 1986—Subsec. (b)(6). Pub. L. 99576, § 701(64), substituted “the payees” for “his”. Subsec. (c). Pub. L. 99576, § 503, added subsec. (c). 1982—Subsec. (b)(2). Pub. L. 97253 substituted “month” for “calendar year”. 1978—Subsec. (b)(4). Pub. L. 95588 restructured subsection and, as so restructured, provided that the effective date of a change in compensation by reason of a change in income would be the last day of the month in which the change occurred rather than the last day in the calendar year in which such change in income occurred. 1976—Subsec. (b)(2). Pub. L. 94433, § 402(1), inserted “annulment,” before “divorce” in two places. Subsec. (b)(9). Pub. L. 94433, § 402(2), substituted “the beneficiarys” for “his” before “knowledge”. 1971—Subsec. (b)(2). Pub. L. 92198 substituted “last day of the calendar year” for “last day of the month”. 1968—Subsec. (b)(4). Pub. L. 90275 struck out exception which provided that where change in income is due to an increase in payments under a public or private retirement plan the effective date of the resulting reduction or discontinuance shall be the last day of the calendar year in which the change occurred. 1966—Subsec. (b)(4). Pub. L. 89730 provided for exception that where change in income is due to an increase in payments under a public or private retirement plan the effective date of the resulting reduction or discontinuance shall be the last day of the calendar year in which the change occurred. 1962—Subsecs. (b), (c). Pub. L. 87825 redesignated subsec. (c) as (b), amended such subsec. generally, and among other changes, inserted provisions relating to the marriage, divorce, or death of a dependent of a payee, the change in income or corpus of an estate, the change in disability or employability of a veteran, the change in law or administrative issue of service-connected or employability status or physical condition, the discontinuance of school attendance, the termination of a temporary increase in compensation for hospitalization or treatment, an erroneous award based on an act or omission of the beneficiary or with his knowledge, and an erroneous award based solely on administrative error or error in judgment, changed the effective date by reason of death, or by reason of marriage or remarriage, from the date of death, or the day before the date of marriage or remarriage, respectively, to the last day of the month before such death, marriage or remarriage occurs, and eliminated provisions relating to attaining age 18 or 21, as applicable, and to fraud on the part of the beneficiary or with his knowledge. Former subsec. (b), which related to the effective date of a reduction or discontinuance in rates, of a compensation, dependency and indemnity compensation, or a pension award, was struck out.
Statutory Notes and Related Subsidiaries
Effective Date of 1982 AmendmentPub. L. 97253, title IV, § 402(b), Sept. 8, 1982, 96 Stat. 802, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to any marriage, annulment, divorce, or death that occurs after September 30, 1982.”
Effective Date of 1978 AmendmentAmendment by Pub. L. 95588 effective Jan. 1, 1979, see section 401 of Pub. L. 95588, set out as a note under section 101 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 92198 effective Jan. 1, 1972, see section 6 of Pub. L. 92198, set out as a note under section 1521 of this title.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90275 effective first day of first calendar month following month of initial payment of increases in monthly insurance benefits provided by Social Security Amendments of 1967, see section 6(b) of Pub. L. 90275, set out as a note under section 1521 of this title.
Effective Date of 1966 AmendmentAmendment by Pub. L. 89730 effective first day of second calendar month following Nov. 2, 1966, see section 7(a) of Pub. L. 89730, set out as a note under section 1315 of this title.
Effective Date of 1962 AmendmentAmendment by Pub. L. 87825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87825, set out as a note under section 110 of this title.
Rule of ConstructionAmendment by Pub. L. 117168 not to be construed to apply section 5104(a) of this title to decisions of the Board of Veterans Appeals under chapter 71 of this title, see section 807(b) of Pub. L. 117168, set out as a note under section 5100 of this title.
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# 38 U.S.C. § 5113 - Effective dates of educational benefits
## Text
(a) Except as provided in subsections (b) and (c), effective dates relating to awards under chapters 30, 31, 32, 34, and 35 of this title or chapter 106 of title 10 shall, to the extent feasible, correspond to effective dates relating to awards of disability compensation.
(b) (1) When determining the effective date of an award under chapter 35 of this title for an individual described in paragraph (2) based on an original claim, the Secretary may consider the individuals application as having been filed on the eligibility date of the individual if that eligibility date is more than one year before the date of the initial rating decision.
(2) An individual referred to in paragraph (1) is an eligible person who—
(A) submits to the Secretary an original application for educational assistance under chapter 35 of this title within one year of the date that the Secretary makes the rating decision;
(B) claims such educational assistance for pursuit of an approved program of education during a period preceding the one-year period ending on the date on which the application was received by the Secretary; and
(C) would have been entitled to such educational assistance for such course pursuit if the individual had submitted such an application on the individuals eligibility date.
(3) In this subsection:
(A) The term “eligibility date” means the date on which an individual becomes an eligible person.
(B) The term “eligible person” has the meaning given that term under subparagraphs (A), (B), (D), and (E) of section 3501(a)(1) of this title.
(C) The term “initial rating decision” means with respect to an eligible person a decision made by the Secretary that establishes (i) service connection for the death of the person from whom such eligibility is derived or (ii) the existence of the service-connected total disability permanent in nature (or, in the case of a person made eligible under section 3501(a)(1)(E), the total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, air, or space service) of the person from whom such eligibility is derived, as the case may be.
(c) The effective date of an adjustment of benefits under any chapter referred to in subsection (a) of this section, if made on the basis of a certification made by the veteran or person and accepted by the Secretary under section 3680(g) of this title, shall be the date of the change.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1227, § 3013; Pub. L. 89358, § 4(p), Mar. 3, 1966, 80 Stat. 25; Pub. L. 99576, title III, § 321(10), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100322, title III, § 323, May 20, 1988, 102 Stat. 536; Pub. L. 101237, title IV, § 419, Dec. 18, 1989, 103 Stat. 2087; Pub. L. 10216, § 10(a)(9), Mar. 22, 1991, 105 Stat. 56; renumbered § 5113, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106419, title I, § 113(a), Nov. 1, 2000, 114 Stat. 1832; Pub. L. 109444, § 3(c)(2), Dec. 21, 2006, 120 Stat. 3307; Pub. L. 109461, title III, § 301(c)(2), title X, § 1006(b), Dec. 22, 2006, 120 Stat. 3427, 3468; Pub. L. 116283, div. A, title IX, § 926(a)(54), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Subsec. (b)(3)(C). Pub. L. 116283 substituted “air, or space service” for “or air service”. 2006—Pub. L. 109461, § 1006(b), provided that as of the enactment of Pub. L. 109461, the amendments made by Pub. L. 109444 were deemed for all purposes not to have taken effect and that Pub. L. 109444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109461, set out as a Coordination of Provisions With Pub. L. 109444 note under section 101 of this title. Subsec. (b)(3)(B). Pub. L. 109461, § 301(c)(2)(A), substituted “subparagraphs (A), (B), (D), and (E) of section 3501(a)(1) of this title.” for “section 3501(a)(1) of this title under subparagraph (A)(i), (A)(ii), (B), or (D) of such section by reason of either (i) the service-connected death or (ii) service-connected total disability permanent in nature of the veteran from whom such eligibility is derived.” Pub. L. 109444, § 3(c)(2)(A), which substituted “subparagraphs (A), (B), (D), and (E) of section 3501(a)(1) of this title.” for “section 3501(a)(1) of this title under subparagraph (A)(i), (A)(ii), (B), or (D) of such section by reason of either (i) the service-connected death or (ii) service-connected total disability permanent in nature of the veteran from whom such eligibility is derived.”, was terminated by Pub. L. 109461, § 1006(b). See Amendment notes above. Subsec. (b)(3)(C). Pub. L. 109461, § 301(c)(2)(B), substituted “the death of the person from whom such eligibility is derived” for “such veterans death” and “the service-connected total disability permanent in nature (or, in the case of a person made eligible under section 3501(a)(1)(E), the total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service) of the person from whom such eligibility is derived” for “such veterans service-connected total disability permanent in nature”. Pub. L. 109444, § 3(c)(2)(B), which substituted “the death of the person from whom such eligibility is derived” for “such veterans death” and “the service-connected total disability permanent in nature (or, in the case of a person made eligible under section 3501(a)(1)(E), the total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service) of the person from whom such eligibility is derived” for “such veterans service-connected total disability permanent in nature”, was terminated by Pub. L. 109461, § 1006(b). See Amendment notes above. 2000—Subsec. (a). Pub. L. 106419, § 113(a)(2), substituted “subsections (b) and (c)” for “subsection (b) of this section”. Subsecs. (b), (c). Pub. L. 106419, § 113(a)(1), (3), added subsec. (b) and redesignated former subsec. (b) as (c). 1991—Pub. L. 10240 renumbered section 3013 of this title as this section. Subsec. (a). Pub. L. 10216 inserted “or chapter 106 of title 10” after “of this title”. Subsec. (b). Pub. L. 10283 substituted “3680(g)” for “1780(g)”. 1989—Pub. L. 101237 designated existing provisions as subsec. (a), substituted “Except as provided in subsection (b) of this section, effective” for “Effective”, and added subsec. (b). 1988—Pub. L. 100322 inserted reference to chapter 32. 1986—Pub. L. 99576 inserted reference to chapter 30. 1966—Pub. L. 89358 substituted “34” for “33”.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 AmendmentAmendment by section 301(c)(2) of Pub. L. 109461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109461, set out as a note under section 3501 of this title.
Effective Date of 2000 AmendmentPub. L. 106419, title I, § 113(b), Nov. 1, 2000, 114 Stat. 1832, provided that: “The amendments made by subsection (a) [amending this section] shall apply to applications first made under section 3513 of title 38, United States Code, that— “(1) are received on or after the date of the enactment of this Act [Nov. 1, 2000]; or “(2) on the date of the enactment of this Act, are pending (A) with the Secretary of Veterans Affairs, or (B) exhaustion of available administrative and judicial remedies.”
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# 38 U.S.C. § 5120 - Payment of benefits; delivery
## Text
(a) Monetary benefits under laws administered by the Secretary shall be paid by checks drawn, pursuant to certification by the Secretary, in such form as to protect the United States against loss, and payable by the Treasurer of the United States. Such checks shall be payable without separate vouchers or receipts except in any case in which the Secretary may consider a voucher necessary for the protection of the Government. Such checks shall be transmitted by mail to the payee thereof at the payees last known address and, if the payee has moved and filed a regular change of address notice with the United States Postal Service, shall be forwarded to the payee. The envelope or cover of each such checks shall bear on the face thereof the following notice: “POSTMASTER: PLEASE FORWARD if addressee has moved and filed a regular change-of-address notice. If addressee is deceased, return the letter with date of death, if known.”
(b) Postmasters, delivery clerks, letter carriers, and all other postal employees are prohibited from delivering any mail addressed by the United States and containing any such check to any person whomsoever if such person has died or in the case of a surviving spouse, if the postal employee believes that the surviving spouse has remarried (unless the mail is addressed to the surviving spouse in the name the surviving spouse has acquired by the remarriage). The preceding sentence shall apply in the case of checks in payment of benefits other than pension, compensation, dependency and indemnity compensation, and insurance, only insofar as the Secretary deems it necessary to protect the United States against loss.
(c) Whenever mail is not delivered because of the prohibition of subsection (b), such mail shall be returned forthwith by the postmaster with a statement of the reason for so doing, and if because of death or remarriage, the date thereof, if known. Checks returned under this subsection because of death or remarriage shall be canceled.
(d) Notwithstanding subsection (a) of this section, pursuant to an agreement with the Department of the Treasury under which the Secretary certifies such benefits for payment, monetary benefits under laws administered by the Secretary may be paid other than by check upon the written request of the person to whom such benefits are to be paid, if such noncheck payment is determined by the Secretary to be in the best interest of such payees and the management of monetary benefits programs by the Department.
(e) Whenever the first day of any calendar month falls on a Saturday, Sunday, or legal public holiday (as defined in section 6103 of title 5), the Secretary shall, to the maximum extent practicable, certify benefit payments for such month in such a way that such payments will be delivered by mail, or transmitted for credit to the payees account pursuant to subsection (d) of this section, on the Friday immediately preceding such Saturday or Sunday, or in the case of a legal holiday, the weekday (other than Saturday) immediately preceding such legal public holiday, notwithstanding that such delivery or transmission of such payments is made in the same calendar month for which such payments are issued.
(f) (1) In the case of a payee who does not have a mailing address, payments of monetary benefits under laws administered by the Secretary shall be delivered under an appropriate method prescribed pursuant to paragraph (2) of this subsection.
(2) The Secretary shall prescribe an appropriate method or methods for the delivery of payments of monetary benefits under laws administered by the Secretary in cases described in paragraph (1) of this subsection. To the maximum extent practicable, such method or methods shall be designed to ensure the delivery of payments in such cases.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1227, § 3020; Pub. L. 95117, title IV, § 402(a), (b)(1), Oct. 3, 1977, 91 Stat. 1065, 1066; Pub. L. 97295, § 4(73), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 99570, title XI, § 11007(a)(2), Oct. 27, 1986, 100 Stat. 3207170; Pub. L. 99576, title VII, § 701(65), Oct. 28, 1986, 100 Stat. 3296; renumbered § 5120, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10240 renumbered section 3020 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. Subsec. (b). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (d). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” before period at end. Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. Subsec. (e). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (f)(1). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. Subsec. (f)(2). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. 1986—Subsec. (a). Pub. L. 99576, § 701(65)(A), substituted “the payees” for “his”, and “the payee” for “he” and “him” in third sentence. Subsec. (b). Pub. L. 99576, § 701(65)(B), substituted “such person” for “he”, “surviving spouse” for “widow”, “the surviving spouse” for “she” in two places, “to the surviving spouse” for “to her”, and “by the” for “by her” in first sentence. Subsec. (f). Pub. L. 99570 added subsec. (f). 1982—Subsec. (a). Pub. L. 97295 substituted “United States Postal Service” for “Post Office Department”. 1977—Pub. L. 95117, § 402(b)(1), struck out “by check” after “benefits” in section catchline. Subsecs. (d), (e). Pub. L. 95117, § 402(a), added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentPub. L. 99570, title XI, § 11007(b)(2), Oct. 27, 1986, 100 Stat. 3207170, provided that: “The amendment made by subsection (a)(2) [amending this section] shall take effect with respect to payments made on or after October 1, 1986.”
Effective Date of 1977 AmendmentPub. L. 95117, title IV, § 402(c), Oct. 3, 1977, 91 Stat. 1066, provided that: “The amendments made by this section [amending this section] shall be effective on the date of enactment of this Act [Oct. 3, 1977].”
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# 38 U.S.C. § 5121 - Payment of certain accrued benefits upon death of a beneficiary
## Text
(a) Except as provided in sections 3329 and 3330 of title 31, periodic monetary benefits (other than insurance and servicemens indemnity) under laws administered by the Secretary to which an individual was entitled at death under existing ratings or decisions or those based on evidence in the file at date of death (hereinafter in this section and section 5122 of this title referred to as “accrued benefits”) and due and unpaid, shall, upon the death of such individual be paid as follows:
(1) Upon the death of a person receiving an apportioned share of benefits payable to a veteran, all or any part of such benefits to the veteran or to any other dependent or dependents of the veteran, as may be determined by the Secretary.
(2) Upon the death of a veteran, to the living person first listed below:
(A) The veterans spouse.
(B) The veterans children (in equal shares).
(C) The veterans dependent parents (in equal shares).
(3) Upon the death of a surviving spouse or remarried surviving spouse, to the children of the deceased veteran.
(4) Upon the death of a child, to the surviving children of the veteran who are entitled to death compensation, dependency and indemnity compensation, or death pension.
(5) Upon the death of a child claiming benefits under chapter 18 of this title, to the surviving parents.
(6) In all other cases, only so much of the accrued benefits may be paid as may be necessary to reimburse the person who bore the expense of last sickness and burial.
(b) No part of any accrued benefits shall be used to reimburse any political subdivision of the United States for expenses incurred in the last sickness or burial of any beneficiary.
(c) Applications for accrued benefits must be filed within one year after the date of death. If a claimants application is incomplete at the time it is originally submitted, the Secretary shall notify the claimant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no accrued benefits may be paid.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1228, § 3021; Pub. L. 92328, title I, § 105(b), June 30, 1972, 86 Stat. 395; Pub. L. 97258, § 3(k)(4), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 98160, title VII, § 703(1), Nov. 21, 1983, 97 Stat. 1010; Pub. L. 99576, title VII, § 701(66), Oct. 28, 1986, 100 Stat. 3296; renumbered § 5121 and amended Pub. L. 10240, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10283, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405; Pub. L. 104275, title V, § 507, Oct. 9, 1996, 110 Stat. 3343; Pub. L. 10714, § 8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 108183, title I, § 104(a)(c), Dec. 16, 2003, 117 Stat. 2656.)
## Notes
Editorial Notes
Amendments2003—Subsec. (a). Pub. L. 108183, § 104(c)(1), struck out comma after “or decisions” in introductory provisions. Pub. L. 108183, § 104(a), struck out “for a period not to exceed two years” after “unpaid” in introductory provisions. Subsec. (a)(1) to (4). Pub. L. 108183, § 104(c)(2), substituted period for semicolon at end of pars. (1) to (4) and subpars. (A) and (B) of par. (2). Subsec. (a)(5), (6). Pub. L. 108183, § 104(b), added par. (5) and redesignated former par. (5) as (6). 2001—Subsec. (a). Pub. L. 10714 substituted “hereinafter” for “hereafter” in introductory provisions. 1996—Subsec. (a). Pub. L. 104275 substituted “two years” for “one year” in introductory provisions. 1991—Pub. L. 10240, § 402(b)(1), renumbered section 3021 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in par. (1). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration” in introductory provisions. Pub. L. 10240, § 402(d)(1), substituted “5122” for “3022” in introductory provisions. Subsec. (c). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1986—Subsec. (a). Pub. L. 99576, § 701(66)(A), struck out “his” after “entitled at”. Subsec. (a)(2)(A) to (C). Pub. L. 99576, § 701(66)(B), substituted “The veterans” for “His”. 1983—Subsec. (a)(3). Pub. L. 98160 substituted “surviving spouse” for “widow” in two places. 1982—Subsec. (a). Pub. L. 97258 substituted “sections 3329 and 3330 of title 31” for “sections 123128 of title 31”. 1972—Subsec. (a). Pub. L. 92328 struck out reference to section 3203(a)(2)(A) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 AmendmentPub. L. 108183, title I, § 104(d), Dec. 16, 2003, 117 Stat. 2656, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Dec. 16, 2003].”
Effective Date of 1972 AmendmentAmendment by Pub. L. 92328 effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92328, set out as a note under section 1114 of this title.
@@ -0,0 +1,47 @@
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# 38 U.S.C. § 5121A - Substitution in case of death of claimant
## Text
(a) Substitution.— (1) If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with respect to such a claim, is pending, a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title may, not later than one year after the date of the death of such claimant, file a request to be substituted as the claimant for the purposes of processing the claim to completion.
(2) Any person seeking to be substituted for the claimant shall present evidence of the right to claim such status within such time as prescribed by the Secretary in regulations.
(3) Substitution under this subsection shall be in accordance with such regulations as the Secretary may prescribe.
(b) Limitation.— Those who are eligible to make a claim under this section shall be determined in accordance with section 5121 of this title.
(Added Pub. L. 110389, title II, § 212(a), Oct. 10, 2008, 122 Stat. 4151.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 110389, title II, § 212(c), Oct. 10, 2008, 122 Stat. 4151, provided that: “Section 5121A of title 38, United States Code, as added by subsection (a), shall apply with respect to the claim of any claimant who dies on or after the date of the enactment of this Act [Oct. 10, 2008].”
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# 38 U.S.C. § 5122 - Cancellation of checks mailed to deceased payees
## Text
A check received by a payee in payment of accrued benefits shall, if the payee died on or after the last day of the period covered by the check, be returned to the issuing office and canceled, unless negotiated by the payee or the duly appointed representative of the payees estate. The amount represented by such check, or any amount recovered by reason of improper negotiation of any such check, shall be payable in the manner provided in section 5121 of this title, without regard to section 5121(c) of this title. Any amount not paid in the manner provided in section 5121 of this title shall be paid to the estate of the deceased payee unless the estate will escheat.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1229, § 3022; Pub. L. 99576, title VII, § 701(67), Oct. 28, 1986, 100 Stat. 3296; renumbered § 5122 and amended Pub. L. 10240, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 104316, title II, § 202(t), Oct. 19, 1996, 110 Stat. 3845.)
## Notes
Editorial Notes
Amendments1996—Pub. L. 104316 in last sentence struck out “upon settlement by the General Accounting Office” after “shall be paid”. 1991—Pub. L. 10240 renumbered section 3022 of this title as this section and substituted “5121” for “3021” in two places and “5121(c)” for “3021(c)”. 1986—Pub. L. 99576 substituted “the payees” for “his” in first sentence.
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# 38 U.S.C. § 5123 - Rounding down of pension rates
## Text
The monthly or other periodic rate of pension payable to an individual under section 1521, 1541, or 1542 of this title or under section 306(a) of the Veterans and Survivors Pension Improvement Act of 1978 (Public Law 95588), if not a multiple of $1, shall be rounded down to the nearest dollar.
(Added Pub. L. 97253, title IV, § 403(a)(1), Sept. 8, 1982, 96 Stat. 802, § 3023; renumbered § 5123, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 10283, § 5(c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
References in TextSection 306(a) of the Veterans and Survivors Pension Improvement Act of 1978 (Public Law 95588), referred to in text, is section 306(a) of Pub. L. 95588, title III, Nov. 4, 1978, 92 Stat. 2508, which is set out as a note under section 1521 of this title.
Prior ProvisionsPrior sections 5201 to 5228 were renumbered sections 8501 to 8528 of this title, respectively.
Amendments1991—Pub. L. 10240 renumbered section 3023 of this title as this section. Pub. L. 10283 substituted “1521, 1541, or 1542” for “521, 541, or 542”.
Statutory Notes and Related Subsidiaries
Effective DateSection 403(b) of Pub. L. 97253, as amended by Pub. L. 9821, title I, § 111(e), Apr. 20, 1983, 97 Stat. 73; Pub. L. 98369, div. B, title VI, § 2662(j), July 18, 1984, 98 Stat. 1160, provided that: “(1) Except as provided in paragraph (2), the amendment made by subsection (a)(1) [enacting this section] shall apply with respect to amounts payable for periods beginning after May 31, 1983. “(2) In the cases of individuals to whom pension is payable under sections 521, 541, and 542 [now 1521, 1541, and 1542] of title 38, United States Code, the amendment made by subsection (a)(1) shall take effect on the first day after May 31, 1983, that an increase is made in maximum annual rates of pension pursuant to section 3112 [now 5312] of title 38, United States Code.”
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# 38 U.S.C. § 5124 - Acceptance of claimants statement as proof of relationship
## Text
(a) For purposes of benefits under laws administered by the Secretary, the Secretary may accept the written statement of a claimant as proof of the existence of any relationship specified in subsection (b) for the purpose of acting on such individuals claim for benefits.
(b) Subsection (a) applies to proof of the existence of any of the following relationships between a claimant and another person:
(1) Marriage.
(2) Dissolution of a marriage.
(3) Birth of a child.
(4) Death of any family member.
(c) The Secretary may require the submission of documentation in support of the claimants statement if—
(1) the claimant does not reside within a State;
(2) the statement on its face raises a question as to its validity;
(3) there is conflicting information of record; or
(4) there is reasonable indication, in the statement or otherwise, of fraud or misrepresentation.
(Added Pub. L. 103446, title III, § 301(a), Nov. 2, 1994, 108 Stat. 4657.)
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# 38 U.S.C. § 5125 - Acceptance of reports of private physician examinations
## Text
For purposes of establishing any claim for benefits under chapter 11 or 15 of this title, a report of a medical examination administered by a private physician that is provided by a claimant in support of a claim for benefits under that chapter may be accepted without a requirement for confirmation by an examination by a physician employed by the Veterans Health Administration if the report is sufficiently complete to be adequate for the purpose of adjudicating such claim.
(Added Pub. L. 103446, title III, § 301(b), Nov. 2, 1994, 108 Stat. 4658.)
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# 38 U.S.C. § 5126 - Benefits not to be denied based on lack of mailing address
## Text
Benefits under laws administered by the Secretary may not be denied a claimant on the basis that the claimant does not have a mailing address.
(Added Pub. L. 106475, § 3(b), Nov. 9, 2000, 114 Stat. 2098.)