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    38 USC Sec. 5102                                            01/19/04

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    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.)

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                             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)."

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                   SECTION REFERRED TO IN OTHER SECTIONS               

      This section is referred to in section 3034 of this title.