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38 U.S.C. § 5107 — Claimant responsibility; benefit of the doubt
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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Source file: Laws/federal/codes/united-states-code/title-38/section-5107-claimant-responsibility-benefit-of-the-doubt--abc049dc52.md
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Source location: Title 38, Chapter 51, § 5107; chapter-051-claims-effective-dates-and-payments.md
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**(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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5106
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Federal law — U.S. Code and appendices · legal_authorities
There is hereby established, under Article I of the Constitution of the United States, a court of record to be known as the United States Court of Appeals for Veterans Claims.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7251
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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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. § 5107
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