§ 5102. Application forms furnished upon request; notice to claimants of incomplete applications

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2000

   Veterans Claims Assistance Act of 2000

   Pub. L. 106–475 § 3(a) · 114 Stat. 2096

   Enacted · 38 U.S.C. § 5102

   Added Pub. L. 106–475, § 3(a), Nov. 9, 2000, 114 Stat. 2096

   Source evidence

   Code source credit
   Added Pub. L. 106–475, § 3(a), Nov. 9, 2000, 114 Stat. 2096

   Enacted provision · exact public law section
   (a) Reaffirmation and Clarification of Duty To Assist.— Chapter 51 of title 38, United States Code, is further amended by striking sections 5102 and 5103 and inserting the following: “§ 5102. Application forms furnished upon request; notice to claimants of incomplete applications “(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 claimant's application for a benefit under the laws administered by the Secretary is incomplete, the Secretary shall notify the claimant and the claimant’s representative, if any, of the information necessary to complete the application. “§ 5103. Notice to claimants of required information and evidence “(a) Required Information and Evidence— Upon receipt of a complete or substantially complete application, the Secretary shall notify the claimant and the claimant’s representative, if any, 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. “(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, if such information or evidence is not received by the Secretary within 1 year from the date of such notification, no benefit may be paid or furnished by reason of the claimant’s application. “(2) This subsection shall not apply to any application or claim for Government life insurance benefits. “§ 5103A. Duty to assist claimants “(a) Duty To Assist.— (1) The Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant’s 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 claimant’s application. “(b) Assistance in Obtaining Records.— (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. “(c) Obtaining Records for Compensation Claims.— 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 claimant’s service medical records and, if the claimant has furnished the Secretary information sufficient to locate such records, other relevant records pertaining to the claimant’s 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. “(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 claimant’s active military, naval, or air service; but “(C) does not contain sufficient medical evidence for the Secretary to make a decision on the claim. “(e) Regulations.— The Secretary shall prescribe regulations to carry out this section. “(f) Rule With Respect to Disallowed Claims.— Nothing in this section shall be construed to require the Secretary to reopen a claim that has been disallowed except when new and material evidence is presented or secured, as described in section 5108 of this title. “(g) 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.”.

   Effective date note
   Pub. L. 108–183, 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 106–475; 114 Stat. 2096).”

2. 2003

   Veterans Benefits Act of 2003

   Pub. L. 108–183 title VII § 701(a) · 117 Stat. 2651

   Added · 38 U.S.C. § 5102(c)

   Pub. L. 108–183 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–183 added subsec. (c).

   Enacted provision · exact public law section
   (a) Information To Complete Claims Applications.— Section 5102 is amended by adding at the end the following new subsection: “(c) Time Limitation.— (1) If information that a claimant and the claimant’s 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 claimant’s application. “(2) This subsection shall not apply to any application or claim for Government life insurance benefits.” .

   Effective date note
   Pub. L. 108–183, 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 106–475; 114 Stat. 2096).”

2 of 2 references resolved to an enrolled provision