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38 U.S.C. § 5100 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “claimant” means any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary.
(2) The term “notice” means a communication issued through means (including electronic means) prescribed by the Secretary.
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Source location: Title 38, Chapter 51, § 5100; chapter-051-claims-effective-dates-and-payments.md
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In this chapter:
(1) The term “claimant” means any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary.
(2) The term “notice” means a communication issued through means (including electronic means) prescribed by the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) Except as provided in subparagraph (B), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5105&num=0&edition=prelim)) must be filed in order for benefits to be paid or furnished to any individual under the laws administered by the Secretary.
(B)
(i) The Secretary may pay benefits under chapters 13 and 15 and sections 2303, 2307, and 5121 of this title to a survivor of a veteran who has not filed a formal claim if the Secretary determines that the record contains sufficient evidence to establish the entitlement of the survivor to such benefits.
(ii) For purposes of this subparagraph and [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim), the earlier of the following dates shall be treated as the date of the receipt of the survivor’s application for benefits described in clause (i):
(I) The date on which the survivor of a veteran (or the representative of such a survivor) notifies the Secretary of the death of the veteran through a death certificate or other relevant evidence that establishes entitlement to survivors’ benefits identified in clause (i).
(II) The head of any other department or agency of the Federal Government notifies the Secretary of the death of the veteran.
(iii) In notifying the Secretary of the death of a veteran as described in clause (ii)(I), the survivor (or the representative of such a survivor) may submit to the Secretary additional documents relating to such death without being required to file a formal claim.
(2) If an individual has
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In the case of a decision by the Secretary under [section 511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section511&num=0&edition=prelim) 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)** Each notice provided under subsection (a) shall also include all of the following:
(1) Identification of the issues adjudicated.
(2) A summary of the evidence considered by the Secretary.
(3) A summary of the applicable laws and regulations.
(4) Identification of findings favorable to the claimant.
(5) In the case of a denial, identification of elements not satisfied leading to the denial.
(6) An explanation of how to obtain or access evidence used in making the decision.
(7) If applicable, identification of the criteria that must be satisfied to grant service connection or the next higher level of compensation.
**(c)** The Secretary may provide notice under subsection (a) electronically if a claimant (or the claimant’s representative) elects to receive such notice electronically. A claimant (or the claimant’s representative) may revoke such an election at any time, by means prescribed by the Secretary.
**(d)** The Secretary shall annually—
(1) solicit recommendations from stakeholders on how to improve notice under this section; and
(2) publish such recommendations on a publicly available website of the Department.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5104
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) A claimant may request a review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction.
(2) The Secretary shall approve each request for review under paragraph (1).
**(b) Time and Manner of Request.—**
(1) A request for higher-level review by the agency of original jurisdiction shall be—
(A) in writing in such form as the Secretary may prescribe; and
(B) made within one year of the notice of the agency of original jurisdiction’s decision.
(2) Such request may specifically indicate whether such review is requested by a higher-level adjudicator at the same office within the agency of original jurisdiction or by an adjudicator at a different office of the agency of original jurisdiction. The Secretary shall not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause.
**(c) Decision.—** Notice of a higher-level review decision under this section shall be provided to the claimant (and any representative of such claimant) and shall include a general statement—
(1) reflecting whether evidence was not considered pursuant to subsection (d); and
(2) noting the options available to the claimant to have the evidence described in paragraph (1), if any, considered by the Department.
**(d) Evidentiary Record for Review.—** The evidentiary record before the higher-level adjudicator shall be limited to the evidence of record in the agency of original jurisdiction decision being reviewed.
**(e) De Novo Review.—** A review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction shall be de novo.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5104B
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim)) 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 of the reduction or discontinuance;
(7) by reason of the discontinuance of school attendance of a payee or a dependent of a pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5112
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** All questions in a matter which under [section 511(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section511/a&num=0&edition=prelim) is subject to decision by the Secretary shall be subject to one review on appeal to the Secretary. Final decisions on such appeals shall be made by the Board. Decisions of the Board shall be based on the entire record in the proceeding and upon consideration of all evidence and material of record and applicable provisions of law and regulation.
**(b)** Except as provided in [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim), when a claim is disallowed by the Board, the claim may not thereafter be readjudicated and allowed and a claim based upon the same factual basis may not be considered.
**(c)** The Board shall be bound in its decisions by the regulations of the Department, instructions of the Secretary, and the precedent opinions of the chief legal officer of the Department.
**(d)** Each decision of the Board shall include—
(1) a written statement of the Board’s findings and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the record;
(2) a general statement—
(A) reflecting whether evidence was not considered in making the decision because the evidence was received at a time when not permitted under [section 7113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7113&num=0&edition=prelim); and
(B) noting such options as may be available for having the evidence considered by the Department; and
(3) an order granting appropriate relief or denying relief.
**(e)** After reaching a deci
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7104
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Appellate review shall be initiated by the filing of a notice of disagreement in the form prescribed by the Secretary. Each appellant will be accorded hearing and representation rights pursuant to the provisions of this chapter and regulations of the Secretary.
**(b)**
(1)
(A) Except in the case of simultaneously contested claims, a notice of disagreement shall be filed within one year from the date of the issuance of notice of the decision of the agency of original jurisdiction pursuant to section 5104, 5104B, or 5108 of this title.
(B) A notice of disagreement postmarked before the expiration of the one-year period shall be accepted as timely filed.
(C) A question as to timeliness or adequacy of the notice of disagreement shall be decided by the Board.
(2)
(A) Notices of disagreement shall be in writing, shall identify the specific determination with which the claimant disagrees, and may be filed by the claimant, the claimant’s legal guardian, or such accredited representative, attorney, or authorized agent as may be selected by the claimant or legal guardian.
(B) Not more than one recognized organization, attorney, or agent may be recognized at any one time in the prosecution of a claim.
(C) Notices of disagreement shall be filed with the Board.
(3) The notice of disagreement shall indicate whether the claimant requests—
(A) a hearing before the Board, which shall include an opportunity to submit evidence in accordance with [section 7113(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7113/b&num=0&edition=prelim);
(B) an opportunity to submit additional evidence without a hearing before the Board, which shall include an opportunity to submit evidence in accordance with [section 7113(c)
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7105
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of a notice of disagreement shall be sixty days from the date notice of the adverse action is issued. In such cases the agency of original jurisdiction shall promptly notify all parties in interest at the last known address of the action taken, expressly inviting attention to the fact that notice of disagreement will not be entertained unless filed within the sixty-day period prescribed by this subsection.
**(b)**
(1) The substance of the notice of disagreement shall be communicated to the other party or parties in interest and a period of thirty days shall be allowed for filing a brief or argument in response thereto.
(2) Such notice shall be forwarded to the last known address of record of the parties concerned, and such action shall constitute sufficient evidence of notice.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7105A
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In order to obtain review by the Court of Appeals for Veterans Claims of a final decision of the Board of Veterans’ Appeals, a person adversely affected by such decision shall file a notice of appeal with the Court within 120 days after the date on which notice of the decision is issued pursuant to [section 7104(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7104/e&num=0&edition=prelim).
**(b)** An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court.
**(c)** A notice of appeal shall be deemed to be received by the Court as follows:
(1) On the date of receipt by the Court, if the notice is delivered.
(2) On the date of the United States Postal Service postmark stamped on the cover in which the notice is posted, if the notice is properly addressed to the Court and is mailed.
**(d)** For a notice of appeal mailed to the Court to be deemed to be received under subsection (c)(2) on a particular date, the United States Postal Service postmark on the cover in which the notice is posted must be legible. The Court shall determine the legibility of any such postmark and the Court’s determination as to legibility shall be final and not subject to review by any other Court.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7266
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Federal law — U.S. Code and appendices · legal_authorities
Page 1020
TITLE 38—VETERANS’ BENEFITS
§ 5100
Editorial Notes
AMENDMENTS
2022—Pub. L. 117–168, § 1(b)(2), title VIII, § 807(a)(1),
Aug. 10, 2022, 136 Stat. 1759, 1805, added item 5100 and
struck out former item 5100 ‘‘Definition of ‘claimant’ ’’.
2017—Pub. L. 115–55, § 2(f)(2), (g)(2), (h)(2), (i)(3), (k)(2),
Aug. 23, 2017, 131 Stat. 1107–1109, added items 5104A to
5104C and substituted ‘‘Supplemental claims’’ for ‘‘Re-
opening disallowed claims’’ in item 5108 and ‘‘Expedited
treatment of returned and remanded claims’’ for ‘‘Ex-
pedited treatment of remanded claims’’ in item 5109B.
2008—Pub. L. 110–389, title II, § 212(b), Oct. 10, 2008, 122
Stat. 4151, added item 5121A.
Pub. L. 110–387, title IX, § 901(a)(5), Oct. 10, 2008, 122
Stat. 4142, substituted ‘‘death of a beneficiary’’ for
‘‘death of beneficiary’’ in item 5121.
2003—Pub. L. 108–183, title VII, § 707(a)(2), Dec. 16, 2003,
117 Stat. 2673, added item 5109B.
2000—Pub. L. 106–475, § 6, Nov. 9, 2000, 114 Stat. 2099,
added items 5100, 5102 to 5103A, 5107, and 5126, and
struck out former items 5102 ‘‘Application forms fur-
nished upon request’’, 5103 ‘‘Incomplete applications’’,
and 5107 ‘‘Burden of proof; benefit of the doubt’’.
Pub. L. 106–398, § 1 [[div. A], title XVI, § 1611(b)], Oct.
30, 2000, 114 Stat. 1654, 1654A–360, directed amendment of
table of sections by striking the item relating to sec-
tion 5017 and inserting item 5107 ‘‘Assistance to claim-
ants; benefit of the doubt; burden of proof’’. Pub. L.
106–419, title I, § 104(c)(2), Nov. 1, 2000, 114 Stat. 1828, pro-
vided that, as of the enactment of Pub. L. 106–419, the
amendments made by Pub. L. 106–398, § 1 [[div. A], title
XVI, § 1611(b)], were deemed for all purposes not to have
taken effect and that Pub. L. 106–398, § 1 [[div.
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5100
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