-CITE-
38 USC CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
-HEAD-
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
-MISC1-
SUBCHAPTER I - CLAIMS
Sec.
5100. Definition of "claimant".
5101. Claims and forms.
5102. Application forms furnished upon request; notice to
claimants of incomplete applications.
5103. Notice to claimants of required information and
evidence.
5103A. Duty to assist claimants.
5104. Decisions and notices of decisions.
5105. Joint applications for social security and dependency
and indemnity compensation.
5106. Furnishing of information by other agencies.
5107. Claimant responsibility; benefit of the doubt.
5108. Reopening disallowed claims.
5109. Independent medical opinions.
5109A. Revision of decisions on grounds of clear and
unmistakable error.
5109B. Expedited treatment of remanded claims.
SUBCHAPTER II - EFFECTIVE DATES
5110. Effective dates of awards.
5111. Commencement of period of payment.
5112. Effective dates of reductions and discontinuances.
5113. Effective dates of educational benefits.
SUBCHAPTER III - PAYMENT OF BENEFITS
5120. Payment of benefits; delivery.
5121. Payment of certain accrued benefits upon death of
beneficiary.(!1)
5122. Cancellation of checks mailed to deceased payees.
5123. Rounding down of pension rates.
5124. Acceptance of claimant's statement as proof of
relationship.
5125. Acceptance of reports of private physician
examinations.
5126. Benefits not to be denied based on lack of mailing
address.
AMENDMENTS
2003 - Pub. L. 108-183, title VII, Sec. 707(a)(2), Dec. 16, 2003,
117 Stat. 2673, added item 5109B.
2000 - Pub. L. 106-475, Sec. 6, Nov. 9, 2000, 114 Stat. 2099,
added items 5100, 5102 to 5103A, 5107, and 5126, and struck out
former items 5102 "Application forms furnished upon request", 5103
"Incomplete applications", and 5107 "Burden of proof; benefit of
the doubt".
Pub. L. 106-398, Sec. 1 [[div. A], title XVI, Sec. 1611(b)], Oct.
30, 2000, 114 Stat. 1654, 1654A-360, directed amendment of table of
sections by striking the item relating to section 5017 and
inserting item 5107 "Assistance to claimants; benefit of the doubt;
burden of proof". Pub. L. 106-419, title I, Sec. 104(c)(2), Nov. 1,
2000, 114 Stat. 1828, provided that, as of the enactment of Pub. L.
106-419, the amendments made by Pub. L. 106-398, Sec. 1 [[div. A],
title XVI, Sec. 1611(b)], were deemed for all purposes not to have
taken effect and that Pub. L. 106-398, Sec. 1 [[div. A], title XVI,
Sec. 1611(b)], ceased to be in effect.
1997 - Pub. L. 105-111, Sec. 1(a)(2), Nov. 21, 1997, 111 Stat.
2271, added item 5109A.
1994 - Pub. L. 103-446, title III, Sec. 301(c), Nov. 2, 1994, 108
Stat. 4658, added items 5124 and 5125.
1991 - Pub. L. 102-40, title IV, Sec. 402(c)(1), May 7, 1991, 105
Stat. 239, renumbered items 3001 to 3023 as 5101 to 5123,
respectively.
1989 - Pub. L. 101-237, title I, Sec. 115(a)(2), Dec. 18, 1989,
103 Stat. 2066, added item 3004.
1988 - Pub. L. 100-687, div. A, title I, Sec. 103(a)(2), (c)(2),
(3), Nov. 18, 1988, 102 Stat. 4107, 4108, substituted "CLAIMS" for
"APPLICATIONS" in heading for chapter and in item for subchapter I
and added items 3007, 3008, and 3009.
1982 - Pub. L. 97-253, title IV, Secs. 401(a)(2), 403(a)(2),
Sept. 8, 1982, 96 Stat. 802, added items 3011 and 3023,
respectively.
1977 - Pub. L. 95-117, title IV, Sec. 402(b)(2), Oct. 3, 1977, 91
Stat. 1066, struck out "by check" after "benefit" in item 3020.
1976 - Pub. L. 94-432, title IV, Sec. 403(1), Sept. 30, 1976, 90
Stat. 1372, added item 3006.
1962 - Pub. L. 87-825, Sec. 5(b), Oct. 15, 1962, 76 Stat. 950,
struck out items 3004 and 3011.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 1315 of this title.
-FOOTNOTE-
(!1) So in original. Does not conform to section catchline.
-End-
-CITE-
38 USC SUBCHAPTER I - CLAIMS 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
SUBCHAPTER I - CLAIMS
-MISC1-
AMENDMENTS
1988 - Pub. L. 100-687, div. A, title I, Sec. 103(c)(4), Nov. 18,
1988, 102 Stat. 4108, substituted "CLAIMS" for "APPLICATIONS" in
heading for subchapter I.
-End-
-CITE-
38 USC Sec. 5100 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
Sec. 5100. Definition of "claimant"
-STATUTE-
For purposes of this chapter, the term "claimant" means any
individual applying for, or submitting a claim for, any benefit
under the laws administered by the Secretary.
-SOURCE-
(Added Pub. L. 106-475, Sec. 2, Nov. 9, 2000, 114 Stat. 2096.)
-End-
-CITE-
38 USC Sec. 5101 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
Sec. 5101. Claims and forms
-STATUTE-
(a) A specific claim in the form prescribed by the Secretary (or
jointly with the Commissioner of Social Security, as prescribed by
section 5105 of this title) must be filed in order for benefits to
be paid or furnished to any individual under the laws administered
by the Secretary.
(b)(1) A claim by a surviving spouse or child for compensation or
dependency and indemnity compensation shall also be considered to
be a claim for death pension and accrued benefits, and a claim by a
surviving spouse or child for death pension shall be considered to
be a claim for death compensation (or dependency and indemnity
compensation) and accrued benefits.
(2) A claim by a parent for compensation or dependency and
indemnity compensation shall also be considered to be a claim for
accrued benefits.
(c)(1) Any person who applies for or is in receipt of any
compensation or pension benefit under laws administered by the
Secretary shall, if requested by the Secretary, furnish the
Secretary with the social security number of such person and the
social security number of any dependent or beneficiary on whose
behalf, or based upon whom, such person applies for or is in
receipt of such benefit. A person is not required to furnish the
Secretary with a social security number for any person to whom a
social security number has not been assigned.
(2) The Secretary shall deny the application of or terminate the
payment of compensation or pension to a person who fails to furnish
the Secretary with a social security number required to be
furnished pursuant to paragraph (1) of this subsection. The
Secretary may thereafter reconsider the application or reinstate
payment of compensation or pension, as the case may be, if such
person furnishes the Secretary with such social security number.
(3) The costs of administering this subsection shall be paid for
from amounts available to the Department of Veterans Affairs for
the payment of compensation and pension.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1225, Sec. 3001; Pub. L.
97-295, Sec. 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L.
99-576, title VII, Sec. 701(61), Oct. 28, 1986, 100 Stat. 3296;
Pub. L. 101-508, title VIII, Sec. 8053(a), Nov. 5, 1990, 104 Stat.
1388-352; renumbered Sec. 5101 and amended Pub. L. 102-40, title
IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub.
L. 102-83, Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.
403-405; Pub. L. 108-183, title VII, Sec. 708(c)(2), Dec. 16, 2003,
117 Stat. 2674.)
-MISC1-
PRIOR PROVISIONS
Prior section 5101 was renumbered section 8301 of this title.
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-183 substituted "Commissioner of
Social Security" for "Secretary of Health and Human Services".
1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3001 of
this title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" after "prescribed by the".
Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the
Secretary" for "administered by the Veterans' Administration".
Pub. L. 102-40, Sec. 402(d)(1), substituted "5105" for "3005".
1990 - Subsec. (c). Pub. L. 101-508 added subsec. (c).
1986 - Subsec. (b)(1). Pub. L. 99-576 substituted "surviving
spouse or" for "widow or" in two places.
1982 - Subsec. (a). Pub. L. 97-295 substituted "Health and Human
Services" for "Health, Education, and Welfare".
TEMPORARY AUTHORITY FOR PERFORMANCE OF MEDICAL DISABILITIES
EXAMINATIONS BY CONTRACT PHYSICIANS
Pub. L. 108-183, title VII, Sec. 704, Dec. 16, 2003, 117 Stat.
2672, provided that:
"(a) Authority. - Using appropriated funds, other than funds
available for compensation and pension, the Secretary of Veterans
Affairs may provide for the conduct of examinations with respect to
the medical disabilities of applicants for benefits under laws
administered by the Secretary by persons other than Department of
Veterans Affairs employees. The authority under this section is in
addition to the authority provided in section 504(b) of the
Veterans' Benefits Improvement Act of 1996 (Public Law 104-275; 38
U.S.C. 5101 note).
"(b) Performance by Contract. - Examinations under the authority
provided in subsection (a) shall be conducted pursuant to contracts
entered into and administered by the Under Secretary for Benefits.
"(c) Expiration. - The authority in subsection (a) shall expire
on December 31, 2009. No examination may be carried out under the
authority provided in that subsection after that date.
"(d) Report. - Not later than four years after the date of the
enactment of this Act [Dec. 16, 2003], the Secretary shall submit
to Congress a report on the use of the authority provided in
subsection (a). The Secretary shall include in the report an
assessment of the effect of examinations under that authority on
the cost, timeliness, and thoroughness of examinations with respect
to the medical disabilities of applicants for benefits under laws
administered by the Secretary."
PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS FOR DISABILITY
EXAMINATIONS
Pub. L. 104-275, title V, Sec. 504, Oct. 9, 1996, 110 Stat. 3341,
provided that:
"(a) Authority. - The Secretary of Veterans Affairs, acting
through the Under Secretary for Benefits, may conduct a pilot
program under this section under which examinations with respect to
medical disability of applicants for benefits under laws
administered by the Secretary that are carried out through the
Under Secretary for Benefits may be made by persons other than
employees of the Department of Veterans Affairs. Any such
examination shall be performed pursuant to contracts entered into
by the Under Secretary for Benefits with those persons.
"(b) Limitation. - The Secretary may carry out the pilot program
under this section through not more than 10 regional offices of the
Department of Veterans Affairs.
"(c) Source of Funds. - Payments for contracts under the pilot
program under this section shall be made from amounts available to
the Secretary of Veterans Affairs for payment of compensation and
pensions.
"(d) Report to Congress. - Not later than three years after the
date of the enactment of this Act [Oct. 9, 1996], the Secretary
shall submit to the Congress a report on the effect of the use of
the authority provided by subsection (a) on the cost, timeliness,
and thoroughness of medical disability examinations."
EXPEDITED TREATMENT OF REMANDED CLAIMS
Pub. L. 103-446, title III, Sec. 302, Nov. 2, 1994, 108 Stat.
4658, as amended by Pub. L. 105-368, title V, Sec. 512(c), Nov. 11,
1998, 112 Stat. 3342, provided that Secretary of Veterans Affairs
was to take necessary actions to provide for expeditious treatment,
by the Board of Veterans' Appeals and by regional offices of the
Veterans Benefits Administration, of any claim that had been
remanded by the Board of Veterans' Appeals or by the United States
Court of Appeals for Veterans Claims for additional development or
other appropriate action, prior to repeal by Pub. L. 108-183, title
VII, Sec. 707(c), Dec. 16, 2003, 117 Stat. 2673.
VETERANS' CLAIMS ADJUDICATION COMMISSION
Pub. L. 103-446, title IV, Nov. 2, 1994, 108 Stat. 4659, as
amended by Pub. L. 104-275, title V, Sec. 503(a), Oct. 9, 1996, 110
Stat. 3341, established Veterans' Claims Adjudication Commission
which was directed to conduct comprehensive evaluation and
assessment of Department of Veterans Affairs system for disposition
of claims for veterans benefits and of system for delivery of such
benefits, together with any related issues determined to be
relevant to study, for purpose of determining means of increasing
efficiency of system, means of reducing number of claims under
system for which final disposition is pending, and means of
enhancing ability of Department of Veterans Affairs to achieve
final determination regarding claims under system in prompt and
appropriate manner, and further provided for membership and powers
of Commission, personnel matters, definitions and funding, and for
submission of preliminary report to Secretary of Veterans Affairs
and Congress not later than one year after Nov. 2, 1994, submission
of final report not later than Dec. 31, 1996, and for termination
of Commission 90 days after submission of final report.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1832, 5110 of this title.
-End-
-CITE-
38 USC Sec. 5102 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
Sec. 5102. Application forms furnished upon request; notice to
claimants of incomplete applications
-STATUTE-
(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.
(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.
-SOURCE-
(Added Pub. L. 106-475, Sec. 3(a), Nov. 9, 2000, 114 Stat. 2096;
amended Pub. L. 108-183, title VII, Sec. 701(a), Dec. 16, 2003, 117
Stat. 2670.)
-MISC1-
PRIOR PROVISIONS
A prior section 5102, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1225, Sec. 3002; renumbered Sec. 5102, Pub. L. 102-40, title IV,
Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec.
4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405, related
to application forms, prior to repeal by Pub. L. 106-475, Sec.
3(a), Nov. 9, 2000, 114 Stat. 2096.
Another prior section 5102 was renumbered section 8302 of this
title.
AMENDMENTS
2003 - Subsec. (c). Pub. L. 108-183 added subsec. (c).
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108-183, title VII, Sec. 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)."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3034 of this title.
-End-
-CITE-
38 USC Sec. 5103 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
Sec. 5103. Notice to claimants of required information and evidence
-STATUTE-
(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, 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.
-SOURCE-
(Added Pub. L. 106-475, Sec. 3(a), Nov. 9, 2000, 114 Stat. 2096;
amended Pub. L. 107-14, Sec. 8(a)(12), June 5, 2001, 115 Stat. 35;
Pub. L. 108-183, title VII, Sec. 701(b), Dec. 16, 2003, 117 Stat.
2670.)
-MISC1-
PRIOR PROVISIONS
A prior section 5103, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.
1225, Sec. 3003; Pub. L. 99-570, title XI, Sec. 11007(a)(1), Oct.
27, 1986, 100 Stat. 3207-170; renumbered Sec. 5103, Pub. L. 102-40,
title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.
102-83, Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.
403-405, related to incomplete applications, prior to repeal by
Pub. L. 106-475, Sec. 3(a), Nov. 9, 2000, 114 Stat. 2096.
Another prior section 5103 was renumbered section 8303 of this
title.
AMENDMENTS
2003 - Subsec. (b)(1). Pub. L. 108-183, Sec. 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 claimant's application".
Subsec. (b)(3). Pub. L. 108-183, Sec. 701(b)(2), added par. (3).
2001 - Subsec. (b)(1). Pub. L. 107-14 substituted "one year" for
"1 year".
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment effective as if enacted Nov. 9, 2000, immediately after
the enactment of the Veterans Claims Assistance Act of 2000, Pub.
L. 106-475, see section 701(c) of Pub. L. 108-183, set out as a
note under section 5102 of this title.
READJUDICATION OF CERTAIN CLAIMS; NOTICE
Pub. L. 108-183, title VII, Sec. 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."
-End-
-CITE-
38 USC Sec. 5103A 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
Sec. 5103A. Duty to assist claimants
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 106-475, Sec. 3(a), Nov. 9, 2000, 114 Stat. 2097.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5103 of this title.
-End-
-CITE-
38 USC Sec. 5104 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
Sec. 5104. Decisions and notices of decisions
-STATUTE-
(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 claimant's representative) notice of such decision. The
notice shall include an explanation of the procedure for obtaining
review of the decision.
(b) 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.
-SOURCE-
(Added Pub. L. 101-237, title I, Sec. 115(a)(1), Dec. 18, 1989, 103
Stat. 2065, Sec. 3004; renumbered Sec. 5104, Pub. L. 102-40, title
IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L.
102-54, Sec. 14(d)(1), June 13, 1991, 105 Stat. 285; Pub. L.
103-446, title XII, Sec. 1201(d)(15), Nov. 2, 1994, 108 Stat.
4684.)
-MISC1-
PRIOR PROVISIONS
Prior section 5104 was renumbered section 8304 of this title.
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-446 substituted "section 511" for
"section 211(a)".
1991 - Pub. L. 102-40 renumbered section 3004 of this title as
this section.
Pub. L. 102-54 amended section as in effect immediately before
enactment of Pub. L. 102-40 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)".
EFFECTIVE DATE
Section 115(b) of Pub. L. 101-237 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."
-End-
-CITE-
38 USC Sec. 5105 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
Sec. 5105. Joint applications for social security and dependency
and indemnity compensation
-STATUTE-
(a) The Secretary and the Commissioner of Social Security shall
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.). Each such form 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 such a form 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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1226, Sec. 3005; Pub. L.
97-295, Sec. 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L.
98-160, title VII, Sec. 702(16), Nov. 21, 1983, 97 Stat. 1010;
renumbered Sec. 5105, Pub. L. 102-40, title IV, Sec. 402(b)(1), May
7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(b)(9), Aug. 6, 1991,
105 Stat. 405; Pub. L. 103-296, title I, Sec. 108(k), Aug. 15,
1994, 108 Stat. 1488.)
-REFTEXT-
REFERENCES IN TEXT
The Social Security Act, referred to in text, is act Aug. 14,
1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social
Security Act is classified generally to subchapter II (Sec. 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.
-MISC1-
PRIOR PROVISIONS
Prior section 5105 was renumbered section 8305 of this title.
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-296, Sec. 108(k)(1), substituted
"Commissioner of Social Security" for "Secretary of Health and
Human Services".
Subsec. (b). Pub. L. 103-296, Sec. 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. 102-40, Sec. 402(b)(1), renumbered section 3005 of
this title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 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. 102-83, Sec. 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. 98-160 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. 97-295 substituted "Health and Human Services" for
"Health, Education, and Welfare" wherever appearing.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section
110(a) of Pub. L. 103-296, set out as a note under section 401 of
Title 42, The Public Health and Welfare.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5101 of this title; title
42 section 402.
-End-
-CITE-
38 USC Sec. 5106 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
Sec. 5106. Furnishing of information by other agencies
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 94-432, title IV, Sec. 403(2), Sept. 30, 1976, 90
Stat. 1372, Sec. 3006; amended Pub. L. 99-576, title VII, Sec.
701(62), Oct. 28, 1986, 100 Stat. 3296; renumbered Sec. 5106, Pub.
L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404,
405; Pub. L. 106-475, Sec. 5, Nov. 9, 2000, 114 Stat. 2099.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-475 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. 102-40 renumbered section 3006 of this title as
this section.
Pub. L. 102-83 substituted "Secretary" for "Administrator" in two
places.
1986 - Pub. L. 99-576 substituted "the Administrator" for "he"
before "may request".
EFFECTIVE DATE
Section effective Sept. 30, 1976, see section 405(a) of Pub. L.
94-432, set out as an Effective Date of 1976 Amendment note under
section 1521 of this title.
-End-
-CITE-
38 USC Sec. 5107 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
Sec. 5107. Claimant responsibility; benefit of the doubt
-STATUTE-
(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.
-SOURCE-
(Added Pub. L. 100-687, div. A, title I, Sec. 103(a)(1), Nov. 18,
1988, 102 Stat. 4106, Sec. 3007; renumbered Sec. 5107 and amended
Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105
Stat. 238, 239; Pub. L. 102-83, Sec. 4(a)(1), (3), (4), (b)(1),
(2)(E), Aug. 6, 1991, 105 Stat. 403-405; Pub. L. 106-398, Sec. 1
[[div. A], title XVI, Sec. 1611(a)], Oct. 30, 2000, 114 Stat. 1654,
1654A-359; Pub. L. 106-419, title I, Sec. 104(c)(2), Nov. 1, 2000,
114 Stat. 1828; Pub. L. 106-475, Sec. 4, Nov. 9, 2000, 114 Stat.
2098.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-475 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. 106-398, Sec. 1 [[div. A], title XVI, Sec. 1611(a)],
directed the general amendment of the section catchline and text.
Pub. L. 106-419, Sec. 104(c)(2), provided that, as of the enactment
of Pub. L. 106-419, the amendment made by Pub. L. 106-398, Sec. 1
[[div. A], title XVI, Sec. 1611(a)], was deemed for all purposes
not to have taken effect and that Pub. L. 106-398, Sec. 1 [[div.
A], title XVI, Sec. 1611(a)], ceased to be in effect.
1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3007 of
this title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places.
Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the
Secretary" for "administered by the Veterans' Administration".
Pub. L. 102-40, Sec. 402(d)(1), substituted "5106" for "3006".
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" before "the burden".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the
Secretary" for "administered by the Veterans' Administration".
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-475, Sec. 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 Secretary's 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 DATE
Section effective Sept. 1, 1989, see section 401(a) of Pub. L.
100-687, set out as a note under section 7251 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 7261 of this title.
-End-
-CITE-
38 USC Sec. 5108 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
Sec. 5108. Reopening disallowed claims
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 100-687, div. A, title I, Sec. 103(a)(1), Nov. 18,
1988, 102 Stat. 4107, Sec. 3008; renumbered Sec. 5108, Pub. L.
102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub.
L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-40 renumbered section 3008 of this title as
this section.
Pub. L. 102-83 substituted "Secretary" for "Administrator".
EFFECTIVE DATE
Section effective Sept. 1, 1989, see section 401(a) of Pub. L.
100-687, set out as a note under section 7251 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5103A, 7104 of this
title.
-End-
-CITE-
38 USC Sec. 5109 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
Sec. 5109. Independent medical opinions
-STATUTE-
(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 claimant's case and shall furnish the claimant with
a copy of such opinion when it is received by the Secretary.
-SOURCE-
(Added Pub. L. 100-687, div. A, title I, Sec. 103(a)(1), Nov. 18,
1988, 102 Stat. 4107, Sec. 3009; renumbered Sec. 5109, Pub. L.
102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub.
L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105
Stat. 404, 405.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-40 renumbered section 3009 of this title as
this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" wherever appearing.
Subsecs. (b), (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator" wherever appearing.
EFFECTIVE DATE
Section effective Sept. 1, 1989, see section 401(a) of Pub. L.
100-687, set out as a note under section 7251 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5701 of this title.
-End-
-CITE-
38 USC Sec. 5109A 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
Sec. 5109A. Revision of decisions on grounds of clear and
unmistakable error
-STATUTE-
(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
Secretary's 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.
-SOURCE-
(Added Pub. L. 105-111, Sec. 1(a)(1), Nov. 21, 1997, 111 Stat.
2271.)
-MISC1-
EFFECTIVE DATE
Section 1(c)(1) of Pub. L. 105-111 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]."
-End-
-CITE-
38 USC Sec. 5109B 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I - CLAIMS
-HEAD-
Sec. 5109B. Expedited treatment of remanded claims
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 108-183, title VII, Sec. 707(a)(1), Dec. 16, 2003,
117 Stat. 2672.)
-End-
-CITE-
38 USC SUBCHAPTER II - EFFECTIVE DATES 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER II - EFFECTIVE DATES
-HEAD-
SUBCHAPTER II - EFFECTIVE DATES
-End-
-CITE-
38 USC Sec. 5110 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER II - EFFECTIVE DATES
-HEAD-
Sec. 5110. Effective dates of awards
-STATUTE-
(a) Unless specifically provided otherwise in this chapter, the
effective date of an award based on an original claim, a claim
reopened after final adjudication, or a claim for increase, of
compensation, dependency and indemnity compensation, or pension,
shall be fixed in accordance with the facts found, but shall not be
earlier than the date of receipt of application therefor.
(b)(1) The effective date of an award of disability compensation
to a veteran shall be the day following the date of the veteran's
discharge or release if application therefor is received within one
year from such date of discharge or release.
(2) The effective date of an award of increased compensation
shall be the earliest date as of which it is ascertainable that an
increase in disability had occurred, if application is received
within one year from such date.
(3)(A) The effective date of an award of disability pension to a
veteran described in subparagraph (B) of this paragraph shall be
the date of application or the date on which the veteran became
permanently and totally disabled, if the veteran applies for a
retroactive award within one year from such date, whichever is to
the advantage of the veteran.
(B) A veteran referred to in subparagraph (A) of this paragraph
is a veteran who is permanently and totally disabled and who is
prevented by a disability from applying for disability pension for
a period of at least 30 days beginning on the date on which the
veteran became permanently and totally disabled.
(c) The effective date of an award of disability compensation by
reason of section 1151 of this title shall be the date such injury
or aggravation was suffered if an application therefor is received
within one year from such date.
(d)(1) The effective date of an award of death compensation or
dependency and indemnity compensation for which application is
received within one year from the date of death shall be the first
day of the month in which the death occurred.
(2) The effective date of an award of death pension for which
application is received within 45 days from the date of death shall
be the first day of the month in which the death occurred.
(e)(1) Except as provided in paragraph (2) of this subsection,
the effective date of an award of dependency and indemnity
compensation to a child shall be the first day of the month in
which the child's entitlement arose if application therefor is
received within one year from such date.
(2) In the case of a child who is eighteen years of age or over
and who immediately before becoming eighteen years of age was
counted under section 1311(b) of this title in determining the
amount of the dependency and indemnity compensation of a surviving
spouse, the effective date of an award of dependency and indemnity
compensation to such child shall be the date the child attains the
age of eighteen years if application therefor is received within
one year from such date.
(f) An award of additional compensation on account of dependents
based on the establishment of a disability rating in the percentage
evaluation specified by law for the purpose shall be payable from
the effective date of such rating; but only if proof of dependents
is received within one year from the date of notification of such
rating action.
(g) Subject to the provisions of section 5101 of this title,
where compensation, dependency and indemnity compensation, or
pension is awarded or increased pursuant to any Act or
administrative issue, the effective date of such award or increase
shall be fixed in accordance with the facts found but shall not be
earlier than the effective date of the Act or administrative issue.
In no event shall such award or increase be retroactive for more
than one year from the date of application therefor or the date of
administrative determination of entitlement, whichever is earlier.
(h) Where an award of pension has been deferred or pension has
been awarded at a rate based on anticipated income for a year and
the claimant later establishes that income for that year was at a
rate warranting entitlement or increased entitlement, the effective
date of such entitlement or increase shall be fixed in accordance
with the facts found if satisfactory evidence is received before
the expiration of the next calendar year.
(i) Whenever any disallowed claim is reopened and thereafter
allowed on the basis of new and material evidence resulting from
the correction of the military records of the proper service
department under section 1552 of title 10, or the change,
correction, or modification of a discharge or dismissal under
section 1553 of title 10, or from other corrective action by
competent authority, the effective date of commencement of the
benefits so awarded shall be the date on which an application was
filed for correction of the military record or for the change,
modification, or correction of a discharge or dismissal, as the
case may be, or the date such disallowed claim was filed, whichever
date is the later, but in no event shall such award of benefits be
retroactive for more than one year from the date of reopening of
such disallowed claim. This subsection shall not apply to any
application or claim for Government life insurance benefits.
(j) Where a report or a finding of death of any person in the
active military, naval, or air service has been made by the
Secretary concerned, the effective date of an award of death
compensation, dependency and indemnity compensation, or death
pension, as applicable, shall be the first day of the month fixed
by that Secretary as the month of death in such report or finding,
if application therefor is received within one year from the date
such report or finding has been made; however, such benefits shall
not be payable to any person for any period for which such person
has received, or was entitled to receive, an allowance, allotment,
or service pay of the deceased.
(k) The effective date of the award of benefits to a surviving
spouse or of an award or increase of benefits based on recognition
of a child, upon annulment of a marriage shall be the date the
judicial decree of annulment becomes final if a claim therefor is
filed within one year from the date the judicial decree of
annulment becomes final; in all other cases the effective date
shall be the date the claim is filed.
(l) The effective date of an award of benefits to a surviving
spouse based upon a termination of a remarriage by death or
divorce, or of an award or increase of benefits based on
recognition of a child upon termination of the child's marriage by
death or divorce, shall be the date of death or the date the
judicial decree or divorce becomes final, if an application
therefor is received within one year from such termination.
[(m) Repealed. Pub. L. 103-446, title XII, Sec. 1201(i)(8), Nov.
2, 1994, 108 Stat. 4688.]
(n) The effective date of the award of any benefit or any
increase therein by reason of marriage or the birth or adoption of
a child shall be the date of such event if proof of such event is
received by the Secretary within one year from the date of the
marriage, birth, or adoption.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1226, Sec. 3010; Pub. L.
87-674, Sec. 3, Sept. 19, 1962, 76 Stat. 558; Pub. L. 87-825, Sec.
1, Oct. 15, 1962, 76 Stat. 948; Pub. L. 91-376, Sec. 7, Aug. 12,
1970, 84 Stat. 790; Pub. L. 91-584, Sec. 13, Dec. 24, 1970, 84
Stat. 1578; Pub. L. 93-177, Sec. 6(a), Dec. 6, 1973, 87 Stat. 696;
Pub. L. 93-527, Sec. 9(b), Dec. 21, 1974, 88 Stat. 1705; Pub. L.
94-71, title I, Sec. 104, Aug. 5, 1975, 89 Stat. 396; Pub. L.
97-66, title II, Sec. 204(b), Oct. 17, 1981, 95 Stat. 1029; Pub. L.
98-160, title VII, Sec. 703(1), Nov. 21, 1983, 97 Stat. 1010; Pub.
L. 98-223, title II, Sec. 213(3), Mar. 2, 1984, 98 Stat. 46; Pub.
L. 98-369, div. B, title V, Sec. 2501(a), July 18, 1984, 98 Stat.
1116; Pub. L. 99-576, title VII, Sec. 701(63), Oct. 28, 1986, 100
Stat. 3296; renumbered Sec. 5110 and amended Pub. L. 102-40, title
IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub.
L. 102-83, Secs. 4(a)(2)(A)(vi), (b)(4)(B), 5(c)(1), Aug. 6, 1991,
105 Stat. 403, 405, 406; Pub. L. 103-446, title XII, Sec.
1201(i)(8), Nov. 2, 1994, 108 Stat. 4688.)
-MISC1-
AMENDMENTS
1994 - Subsec. (m). Pub. L. 103-446 struck out subsec. (m) which
read as follows: "The effective date of an award of benefits to a
surviving spouse based upon termination of actions described in
section 103(d)(3) of this title shall not be earlier than the date
of receipt of application therefor filed after termination of such
actions and after December 31, 1970."
1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3010 of
this title as this section.
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1151" for
"351".
Subsec. (e)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1311(b)" for "411(b)".
Subsec. (g). Pub. L. 102-40, Sec. 402(d)(1), substituted "5101"
for "3001".
Subsec. (j). Pub. L. 102-83, Sec. 4(b)(4)(B), substituted "that
Secretary" for "the Secretary" after "month fixed by".
Subsec. (n). Pub. L. 102-83, Sec. 4(a)(2)(A)(vi), substituted
"Secretary" for "Veterans' Administration".
1986 - Subsec. (b)(1). Pub. L. 99-576 substituted "the veteran's"
for "his".
1984 - Subsec. (b)(3)(A). Pub. L. 98-369, Sec. 2501(a)(1),
designated existing provisions as subpar. (A), inserted "described
in subparagraph (B) of this paragraph" after "to a veteran",
substituted "the veteran applies for a retroactive award" for "an
application therefor is received", and added subpar. (B).
Subsec. (d). Pub. L. 98-369, Sec. 2501(a)(2), designated existing
provisions as par. (1), substituted "dependency and indemnity
compensation for which application is received" for ", dependency
and indemnity compensation, or death pension, where application is
received", and added par. (2).
Subsec. (m). Pub. L. 98-223 substituted "section" for
"subsection".
1983 - Subsecs. (k) to (m). Pub. L. 98-160 substituted "surviving
spouse" for "widow" wherever appearing.
1981 - Subsec. (e). Pub. L. 97-66 designated existing provisions
as par. (1), substituted "Except as provided in paragraph (2) of
this subsection, the" for "The", and added par. (2).
1975 - Subsec. (b)(2), (3). Pub. L. 94-71 added par. (2) and
redesignated former par. (2) as (3).
1974 - Subsec. (l). Pub. L. 93-527 inserted provisions relating
to an award or increase of benefits based on recognition of a child
upon termination of the child's marriage by death or divorce.
1973 - Subsec. (b). Pub. L. 93-177 designated existing provisions
as par. (1) and added par. (2).
1970 - Subsecs. (l), (m). Pub. L. 91-376 added subsecs. (l) and
(m).
Subsec. (n). Pub. L. 91-584 added subsec. (n).
1962 - Subsec. (a). Pub. L. 87-825 inserted "based on an original
claim, a claim reopened after final adjudication, or a claim for
increase".
Subsec. (c). Pub. L. 87-825 added subsec. (c). Former subsec. (c)
redesignated (d).
Subsec. (d). Pub. L. 87-825 redesignated former subsec. (c) as
(d) and substituted first day of month in which the death occurred,
for the day after the day of death, as the effective date. Former
subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 87-825 redesignated former subsec. (d) as
(e), substituted "first day of the month" for "date", and struck
out "the entitlement arose" after "from such date." Former subsec.
(e) redesignated (j).
Subsec. (f). Pub. L. 87-825 added subsec. (f). A prior subsec.
(f) added by Pub. L. 87-674 was redesignated (k) by Pub. L. 87-825.
Subsecs. (g) to (i). Pub. L. 87-825 added subsecs. (g) to (i).
Subsec. (j). Pub. L. 87-825 redesignated former subsec. (e) as
(j), and substituted "first day of the month" for "day after the
date", and "month of death" for "date of death".
Subsec. (k). Pub. L. 87-825 redesignated former subsec. (f),
added by Pub. L. 87-674, as (k).
EFFECTIVE DATE OF 1984 AMENDMENT
Section 2501(b) of Pub. L. 98-369 provided that: "The amendments
made by subsection (a)(1) [amending this section] and the
provisions of paragraph (2) of section 3010(d) [now 5110(d)] of
title 38, United States Code, as added by subsection (a)(2), shall
take effect with respect to applications that are first received
after September 30, 1984, for benefits under chapter 15 of title
38, United States Code."
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section
701(a) of Pub. L. 97-66, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section
301 of Pub. L. 94-71, set out as a note under section 1114 of this
title.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section
10 of Pub. L. 93-527, set out as a note under section 1521 of this
title.
EFFECTIVE DATE OF 1973 AMENDMENT
Section 6(b) of Pub. L. 93-177 provided that: "Subsection (a) of
this section [amending this section] shall apply to applications
filed after its effective date [Jan. 1, 1974], but in no event
shall an award made thereunder be effective prior to such effective
date."
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-376 effective Jan. 1, 1971, see section 9
of Pub. L. 91-376, set out as a note under section 1114 of this
title.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-825 effective first day of second
calendar month which begins after Oct. 15, 1962, see section 7 of
Pub. L. 87-825, set out as a note under section 110 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1832, 5111, 5310, 6103 of
this title.
-End-
-CITE-
38 USC Sec. 5111 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER II - EFFECTIVE DATES
-HEAD-
Sec. 5111. Commencement of period of payment
-STATUTE-
(a) Notwithstanding section 5110 of this title or any other
provision of law and except as provided in subsection (c) of this
section, 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.
(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 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 veteran's death, for the
month in which such veteran's death occurred.
(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 or reopened award; or
(2) an award that is increased because of an added dependent,
increase in disability or disability rating, or reduction in
income.
-SOURCE-
(Added Pub. L. 97-253, title IV, Sec. 401(a)(1), Sept. 8, 1982, 96
Stat. 801, Sec. 3011; amended Pub. L. 98-223, title I, Sec. 113,
Mar. 2, 1984, 98 Stat. 40; renumbered Sec. 5111 and amended Pub. L.
102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.
238, 239; Pub. L. 102-83, Sec. 4(a)(1), Aug. 6, 1991, 105 Stat.
403.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3011 of
this title as this section.
Subsec. (a). Pub. L. 102-40, Sec. 402(d)(1), substituted "5110"
for "3010" in two places.
Subsec. (b)(1). Pub. L. 102-83 substituted "administered by the
Secretary" for "administered by the Veterans' Administration".
Pub. L. 102-40, Sec. 402(d)(1), substituted "5110" for "3010".
Subsec. (b)(2). Pub. L. 102-40, Sec. 402(d)(1), substituted
"5305" for "3105".
Subsec. (c)(1). Pub. L. 102-40, Sec. 402(d)(1), substituted
"5310" for "3110".
1984 - Subsec. (c). Pub. L. 98-223 designated existing provisions
as par. (1) and added par. (2).
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-223 effective Oct. 1, 1983, see section
114 of Pub. L. 98-223, set out as a note under section 1112 of this
title.
EFFECTIVE DATE
Section 401(b) of Pub. L. 97-253 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."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1832 of this title.
-End-
-CITE-
38 USC Sec. 5112 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER II - EFFECTIVE DATES
-HEAD-
Sec. 5112. Effective dates of reductions and discontinuances
-STATUTE-
(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 (at the payee's last address of record) 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
beneficiary's 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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1227, Sec. 3012; Pub. L.
87-825, Sec. 2, Oct. 15, 1962, 76 Stat. 949; Pub. L. 89-730, Sec.
3, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 90-275, Sec. 5, Mar. 28,
1968, 82 Stat. 68; Pub. L. 92-198, Sec. 3, Dec. 15, 1971, 85 Stat.
664; Pub. L. 94-433, title IV, Sec. 402, Sept. 30, 1976, 90 Stat.
1378; Pub. L. 95-588, title III, Sec. 303, Nov. 4, 1978, 92 Stat.
2506; Pub. L. 97-253, title IV, Sec. 402(a), Sept. 8, 1982, 96
Stat. 802; Pub. L. 99-576, title V, Sec. 503, title VII, Sec.
701(64), Oct. 28, 1986, 100 Stat. 3286, 3296; renumbered Sec. 5112
and amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May
7, 1991, 105 Stat. 238, 239; Pub. L. 107-103, title II, Sec.
204(b)(2), Dec. 27, 2001, 115 Stat. 990.)
-MISC1-
AMENDMENTS
2001 - Subsec. (c). Pub. L. 107-103 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
veteran's estate, as determined under such section, equals or
exceeds $1,500."
1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3012 of
this title as this section.
Subsec. (b)(4)(A). Pub. L. 102-40, Sec. 402(d)(1), substituted
"5312" for "3112".
Subsec. (c). Pub. L. 102-40, Sec. 402(d)(1), substituted
"5503(b)(1)(A)" for "3203(b)(1)(A)".
1986 - Subsec. (b)(6). Pub. L. 99-576, Sec. 701(64), substituted
"the payee's" for "his".
Subsec. (c). Pub. L. 99-576, Sec. 503, added subsec. (c).
1982 - Subsec. (b)(2). Pub. L. 97-253 substituted "month" for
"calendar year".
1978 - Subsec. (b)(4). Pub. L. 95-588 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. 94-433, Sec. 402(1), inserted
"annulment," before "divorce" in two places.
Subsec. (b)(9). Pub. L. 94-433, Sec. 402(2), substituted "the
beneficiary's" for "his" before "knowledge".
1971 - Subsec. (b)(2). Pub. L. 92-198 substituted "last day of
the calendar year" for "last day of the month".
1968 - Subsec. (b)(4). Pub. L. 90-275 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. 89-730 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. 87-825 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.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 402(b) of Pub. L. 97-253 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 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section
406 of Pub. L. 94-433, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1971 AMENDMENT
Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6
of Pub. L. 92-198, set out as a note under section 1521 of this
title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-275 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. 90-275, set out as a note under section
1521 of this title.
EFFECTIVE DATE OF 1966 AMENDMENT
Amendment by Pub. L. 89-730 effective first day of second
calendar month following Nov. 2, 1966, see section 7(a) of Pub. L.
89-730, set out as a note under section 1315 of this title.
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-825 effective first day of second
calendar month which begins after Oct. 15, 1962, see section 7 of
Pub. L. 87-825, set out as a note under section 110 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1832, 5310 of this title.
-End-
-CITE-
38 USC Sec. 5113 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER II - EFFECTIVE DATES
-HEAD-
Sec. 5113. Effective dates of educational benefits
-STATUTE-
(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
individual's 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 individual's 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 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.
(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 such veteran's death or (ii) the
existence of such veteran's service-connected total disability
permanent in nature, 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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1227, Sec. 3013; Pub. L.
89-358, Sec. 4(p), Mar. 3, 1966, 80 Stat. 25; Pub. L. 99-576, title
III, Sec. 321(10), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100-322,
title III, Sec. 323, May 20, 1988, 102 Stat. 536; Pub. L. 101-237,
title IV, Sec. 419, Dec. 18, 1989, 103 Stat. 2087; Pub. L. 102-16,
Sec. 10(a)(9), Mar. 22, 1991, 105 Stat. 56; renumbered Sec. 5113,
Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat.
238; Pub. L. 102-83, Sec. 5(c)(1), Aug. 6, 1991, 105 Stat. 406;
Pub. L. 106-419, title I, Sec. 113(a), Nov. 1, 2000, 114 Stat.
1832.)
-MISC1-
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-419, Sec. 113(a)(2), substituted
"subsections (b) and (c)" for "subsection (b) of this section".
Subsecs. (b), (c). Pub. L. 106-419, Sec. 113(a)(1), (3), added
subsec. (b) and redesignated former subsec. (b) as (c).
1991 - Pub. L. 102-40 renumbered section 3013 of this title as
this section.
Subsec. (a). Pub. L. 102-16 inserted "or chapter 106 of title 10"
after "of this title".
Subsec. (b). Pub. L. 102-83 substituted "3680(g)" for "1780(g)".
1989 - Pub. L. 101-237 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. 100-322 inserted reference to chapter 32.
1986 - Pub. L. 99-576 inserted reference to chapter 30.
1966 - Pub. L. 89-358 substituted "34" for "33".
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-419, title I, Sec. 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."
-End-
-CITE-
38 USC SUBCHAPTER III - PAYMENT OF BENEFITS 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER III - PAYMENT OF BENEFITS
-HEAD-
SUBCHAPTER III - PAYMENT OF BENEFITS
-End-
-CITE-
38 USC Sec. 5120 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER III - PAYMENT OF BENEFITS
-HEAD-
Sec. 5120. Payment of benefits; delivery
-STATUTE-
(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 payee's 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 payee's 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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1227, Sec. 3020; Pub. L.
95-117, title IV, Sec. 402(a), (b)(1), Oct. 3, 1977, 91 Stat. 1065,
1066; Pub. L. 97-295, Sec. 4(73), Oct. 12, 1982, 96 Stat. 1310;
Pub. L. 99-570, title XI, Sec. 11007(a)(2), Oct. 27, 1986, 100
Stat. 3207-170; Pub. L. 99-576, title VII, Sec. 701(65), Oct. 28,
1986, 100 Stat. 3296; renumbered Sec. 5120, Pub. L. 102-40, title
IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-83,
Sec. 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.
403-405.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-40 renumbered section 3020 of this title as
this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places.
Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the
Secretary" for "administered by the Veterans' Administration".
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" before period at end.
Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the
Secretary" for "administered by the Veterans' Administration".
Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Subsec. (f)(1). Pub. L. 102-83, Sec. 4(a)(1), substituted
"administered by the Secretary" for "administered by the Veterans'
Administration".
Subsec. (f)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the
Secretary" for "administered by the Veterans' Administration".
1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(65)(A), substituted
"the payee's" for "his", and "the payee" for "he" and "him" in
third sentence.
Subsec. (b). Pub. L. 99-576, Sec. 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. 99-570 added subsec. (f).
1982 - Subsec. (a). Pub. L. 97-295 substituted "United States
Postal Service" for "Post Office Department".
1977 - Pub. L. 95-117, Sec. 402(b)(1), struck out "by check"
after "benefits" in section catchline.
Subsecs. (d), (e). Pub. L. 95-117, Sec. 402(a), added subsecs.
(d) and (e).
EFFECTIVE DATE OF 1986 AMENDMENT
Section 11007(b)(2) of Pub. L. 99-570 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 AMENDMENT
Section 402(c) of Pub. L. 95-117 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]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 31 section 3332.
-End-
-CITE-
38 USC Sec. 5121 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER III - PAYMENT OF BENEFITS
-HEAD-
Sec. 5121. Payment of certain accrued benefits upon death of a
beneficiary
-STATUTE-
(a) Except as provided in sections 3329 and 3330 of title 31,
periodic monetary benefits (other than insurance and servicemen's
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 veteran's spouse.
(B) The veteran's children (in equal shares).
(C) The veteran's 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 claimant's 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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1228, Sec. 3021; Pub. L.
92-328, title I, Sec. 105(b), June 30, 1972, 86 Stat. 395; Pub. L.
97-258, Sec. 3(k)(4), Sept. 13, 1982, 96 Stat. 1065; Pub. L.
98-160, title VII, Sec. 703(1), Nov. 21, 1983, 97 Stat. 1010; Pub.
L. 99-576, title VII, Sec. 701(66), Oct. 28, 1986, 100 Stat. 3296;
renumbered Sec. 5121 and amended Pub. L. 102-40, title IV, Sec.
402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83,
Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405; Pub.
L. 104-275, title V, Sec. 507, Oct. 9, 1996, 110 Stat. 3343; Pub.
L. 107-14, Sec. 8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L.
108-183, title I, Sec. 104(a)-(c), Dec. 16, 2003, 117 Stat. 2656.)
-MISC1-
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-183, Sec. 104(c)(1), struck out
comma after "or decisions" in introductory provisions.
Pub. L. 108-183, Sec. 104(a), struck out "for a period not to
exceed two years" after "unpaid" in introductory provisions.
Subsec. (a)(1) to (4). Pub. L. 108-183, Sec. 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. 108-183, Sec. 104(b), added par. (5)
and redesignated former par. (5) as (6).
2001 - Subsec. (a). Pub. L. 107-14 substituted "hereinafter" for
"hereafter" in introductory provisions.
1996 - Subsec. (a). Pub. L. 104-275 substituted "two years" for
"one year" in introductory provisions.
1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3021 of
this title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in par. (1).
Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the
Secretary" for "administered by the Veterans' Administration" in
introductory provisions.
Pub. L. 102-40, Sec. 402(d)(1), substituted "5122" for "3022" in
introductory provisions.
Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(66)(A), struck out
"his" after "entitled at".
Subsec. (a)(2)(A) to (C). Pub. L. 99-576, Sec. 701(66)(B),
substituted "The veteran's" for "His".
1983 - Subsec. (a)(3). Pub. L. 98-160 substituted "surviving
spouse" for "widow" in two places.
1982 - Subsec. (a). Pub. L. 97-258 substituted "sections 3329 and
3330 of title 31" for "sections 123-128 of title 31".
1972 - Subsec. (a). Pub. L. 92-328 struck out reference to
section 3203(a)(2)(A) of this title.
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108-183, title I, Sec. 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 AMENDMENT
Amendment by Pub. L. 92-328 effective first day of second
calendar month which begins after June 30, 1972, see section 301(a)
of Pub. L. 92-328, set out as a note under section 1114 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5122, 5310 of this title.
-End-
-CITE-
38 USC Sec. 5122 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER III - PAYMENT OF BENEFITS
-HEAD-
Sec. 5122. Cancellation of checks mailed to deceased payees
-STATUTE-
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
payee's 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.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1229, Sec. 3022; Pub. L.
99-576, title VII, Sec. 701(67), Oct. 28, 1986, 100 Stat. 3296;
renumbered Sec. 5122 and amended Pub. L. 102-40, title IV, Sec.
402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L.
104-316, title II, Sec. 202(t), Oct. 19, 1996, 110 Stat. 3845.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-316 in last sentence struck out "upon
settlement by the General Accounting Office" after "shall be paid".
1991 - Pub. L. 102-40 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. 99-576 substituted "the payee's" for "his" in
first sentence.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5121 of this title.
-End-
-CITE-
38 USC Sec. 5123 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER III - PAYMENT OF BENEFITS
-HEAD-
Sec. 5123. Rounding down of pension rates
-STATUTE-
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 95-588), if not a multiple of $1, shall be
rounded down to the nearest dollar.
-SOURCE-
(Added Pub. L. 97-253, title IV, Sec. 403(a)(1), Sept. 8, 1982, 96
Stat. 802, Sec. 3023; renumbered Sec. 5123, Pub. L. 102-40, title
IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L.
102-83, Sec. 5(c)(1), Aug. 6, 1991, 105 Stat. 406.)
-REFTEXT-
REFERENCES IN TEXT
Section 306(a) of the Veterans' and Survivors' Pension
Improvement Act of 1978 (Public Law 95-588), referred to in text,
is section 306(a) of Pub. L. 95-588, title III, Nov. 4, 1978, 92
Stat. 2508, which is set out as a note under section 1521 of this
title.
-MISC1-
PRIOR PROVISIONS
Prior sections 5201 to 5228 were renumbered sections 8501 to 8528
of this title, respectively.
AMENDMENTS
1991 - Pub. L. 102-40 renumbered section 3023 of this title as
this section.
Pub. L. 102-83 substituted "1521, 1541, or 1542" for "521, 541,
or 542".
EFFECTIVE DATE
Section 403(b) of Pub. L. 97-253, as amended by Pub. L. 98-21,
title I, Sec. 111(e), Apr. 20, 1983, 97 Stat. 73; Pub. L. 98-369,
div. B, title VI, Sec. 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."
-End-
-CITE-
38 USC Sec. 5124 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER III - PAYMENT OF BENEFITS
-HEAD-
Sec. 5124. Acceptance of claimant's statement as proof of
relationship
-STATUTE-
(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 individual's 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 claimant's 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.
-SOURCE-
(Added Pub. L. 103-446, title III, Sec. 301(a), Nov. 2, 1994, 108
Stat. 4657.)
-End-
-CITE-
38 USC Sec. 5125 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER III - PAYMENT OF BENEFITS
-HEAD-
Sec. 5125. Acceptance of reports of private physician examinations
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 103-446, title III, Sec. 301(b), Nov. 2, 1994, 108
Stat. 4658.)
-End-
-CITE-
38 USC Sec. 5126 01/19/04
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER III - PAYMENT OF BENEFITS
-HEAD-
Sec. 5126. Benefits not to be denied based on lack of mailing
address
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 106-475, Sec. 3(b), Nov. 9, 2000, 114 Stat. 2098.)
-End-
|
"Buk" Frank
