-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]