-CITE-

    38 USC Sec. 5103A                                           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. 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

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        (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.