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38 U.S.C. § 5106 — Furnishing of information by other agencies
Federal law — U.S. Code and appendices · legal_authorities
The head of any Federal department or agency shall provide such information to the Secretary as the Secretary may request for purposes of determining eligibility for or amount of benefits, or verifying other information with respect thereto. The cost of providing information to the Secretary under this section shall be borne by the department or agency providing the information.
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Source location: Title 38, Chapter 51, § 5106; chapter-051-claims-effective-dates-and-payments.md
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The head of any Federal department or agency shall provide such information to the Secretary as the Secretary may request for purposes of determining eligibility for or amount of benefits, or verifying other information with respect thereto. The cost of providing information to the Secretary under this section shall be borne by the department or agency providing the information.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran’s willful misconduct, pension at the rate prescribed by this section, as increased from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim).
**(b)** If the veteran is unmarried (or married but not living with or reasonably contributing to the support of such veteran’s spouse) and there is no child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d)(1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $11,830, reduced by the amount of the veteran’s annual income.
**(c)** If the veteran is married and living with or reasonably contributing to the support of such veteran’s spouse, or if there is a child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid to the veteran at the annual rate of $15,493, unless the veteran is entitled to pension at the rate provided by subsection (d)(2), (e), or (f) of this section. If the veteran has two or more such family members, such annual rate shall be increased by $2,020 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members.
**(d)**
(1) If the vetera
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1039
TITLE 38—VETERANS’ BENEFITS
§ 5107
1982—Pub. L. 97–295 substituted ‘‘Health and Human
Services’’ for ‘‘Health, Education, and Welfare’’ wher-
ever appearing.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–296 effective Mar. 31, 1995,
see section 110(a) of Pub. L. 103–296, set out as a note
under section 401 of Title 42, The Public Health and
Welfare.
§ 5106. Furnishing of information by other agen-
cies
The head of any Federal department or agency
shall provide such information to the Secretary
as the Secretary may request for purposes of de-
termining eligibility for or amount of benefits,
or verifying other information with respect
thereto. The cost of providing information to
the Secretary under this section shall be borne
by the department or agency providing the in-
formation.
(Added Pub. L. 94–432, title IV, § 403(2), Sept. 30,
1976, 90 Stat. 1372, § 3006; amended Pub. L. 99–576,
title VII, § 701(62), Oct. 28, 1986, 100 Stat. 3296; re-
numbered
§ 5106,
Pub.
L.
102–40,
title
IV,
§ 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.
102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404,
405; Pub. L. 106–475, § 5, Nov. 9, 2000, 114 Stat.
2099.)
Editorial Notes
AMENDMENTS
2000—Pub. L. 106–475 inserted at end ‘‘The cost of pro-
viding information to the Secretary under this section
shall be borne by the department or agency providing
the information.’’
1991—Pub. L. 102–40 renumbered section 3006 of this
title as this section.
Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis-
trator’’ in two places.
1986—Pub. L. 99–576 substituted ‘‘the Administrator’’
for ‘‘he’’ before ‘‘may request’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Sept. 30, 1
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5106
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