-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."