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38 U.S.C. § 5102 — Application forms furnished upon request; notice to claimants of incomplete applications
Federal law — U.S. Code and appendices · legal_authorities
**(a) Furnishing Forms.—** Upon request made by any person claiming or applying for, or expressing an intent to claim or apply for, a benefit under the laws administered by the Secretary, the Secretary shall furnish such person, free of all expense, all instructions and forms necessary to apply for that benefit.
**(b) Incomplete Applications.—** If a claimant’s application for a benefit under the laws administered by the Secretary is incomplete, the Secretary shall notify the claimant and the claimant’s representative, if any, of the information necessary to complete the application.
**(c) Time Limitation.—**
(1) If information that a claimant and the claimant’s representative, if any, are notified under subsection (b) is necessary to complete an application is not received by the Secretary within one year from the date such notice is sent, no benefit may be paid or furnished by reason of the claimant’s application.
(2) This subsection shall not apply to any application or claim for Government life insurance benefits.
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Source location: Title 38, Chapter 51, § 5102; chapter-051-claims-effective-dates-and-payments.md
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**(a) Furnishing Forms.—** Upon request made by any person claiming or applying for, or expressing an intent to claim or apply for, a benefit under the laws administered by the Secretary, the Secretary shall furnish such person, free of all expense, all instructions and forms necessary to apply for that benefit.
**(b) Incomplete Applications.—** If a claimant’s application for a benefit under the laws administered by the Secretary is incomplete, the Secretary shall notify the claimant and the claimant’s representative, if any, of the information necessary to complete the application.
**(c) Time Limitation.—**
(1) If information that a claimant and the claimant’s representative, if any, are notified under subsection (b) is necessary to complete an application is not received by the Secretary within one year from the date such notice is sent, no benefit may be paid or furnished by reason of the claimant’s application.
(2) This subsection shall not apply to any application or claim for Government life insurance benefits.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Required Information and Evidence.—**
(1) Except as provided in paragraph (3), the Secretary shall provide to the claimant and the claimant’s representative, if any, by the most effective means available, including electronic communication or notification in writing, notice of any information, and any medical or lay evidence, not previously provided to the Secretary that is necessary to substantiate the claim. As part of that notice, the Secretary shall indicate which portion of that information and evidence, if any, is to be provided by the claimant and which portion, if any, the Secretary, in accordance with [section 5103A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5103a&num=0&edition=prelim) and any other applicable provisions of law, will attempt to obtain on behalf of the claimant.
(2)
(A) The Secretary shall prescribe in regulations requirements relating to the contents of notice to be provided under this subsection.
(B) The regulations required by this paragraph—
(i) shall specify different contents for notice based on whether the claim concerned is an original claim or a supplemental claim;
(ii) shall provide that the contents for such notice be appropriate to the type of benefits or services sought under the claim;
(iii) shall specify for each type of claim for benefits the general information and evidence required to substantiate the basic elements of such type of claim; and
(iv) shall specify the time period limitations required pursuant to subsection (b).
(3) The requirement to provide notice under paragraph (1) shall not apply with respect to a supplemental claim that is filed within the timeframe set forth in subparagraphs (B) and (D) of [section 5110(a)(2) of this title](ht
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5103
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of acquiring title to and possession of any property which the Secretary is by this chapter authorized to accept, the Secretary may initiate and appear in any appropriate legal proceedings, and take such steps therein or in connection therewith as in the Secretary’s discretion may be desirable and appropriate to reduce said property to possession. The Secretary may incur such expenses incident to such proceedings as the Secretary deems necessary or appropriate, which shall be paid as are other administrative expenses of the Department. All funds received by devise, bequest, gift, or otherwise, for the purposes contemplated in this chapter, including net proceeds of sales authorized by this chapter, shall be deposited with the Treasurer of the United States to the credit of the General Post Fund.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8302
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as otherwise provided in this chapter, the provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of this title and the provisions of subchapters I and II of chapter 36 of this title (with the exception of sections 3680(c), 3680(f), 3686(a), and 3687) shall be applicable to the provision of educational assistance under this chapter.
(2) The term “eligible veteran”, as used in the provisions of the sections enumerated in paragraph (1) of this subsection, shall be deemed to include an individual who is eligible for educational assistance under this chapter.
(3) The Secretary may, without regard to the application to this chapter of so much of the provisions of [section 3471 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3471&num=0&edition=prelim) as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is “already qualified”, and pursuant to such regulations as the Secretary shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills or be instructed in the technological advances which have occurred in the individual’s field of employment during and since the period of such veteran’s active military service), deficiency courses, or other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education.
**(b)** Regulations prescribed by the Secretary of Defense under this chapter shall be uniform for the Armed Forces under the jurisdiction of the Secretary of a military department.
**(c)** Payment of educational assistance allowance in the case of an eligible individual pursuing a pro
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3034
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Federal law — U.S. Code and appendices · legal_authorities
Page 1032
TITLE 38—VETERANS’ BENEFITS
§ 5102
above] shall apply to an examination described in sub-
section (a) of such section that is performed on or after
the date of the enactment of this Act [Jan. 2, 2025].’’]
[Pub. L. 116–315, title II, § 2002(a)(2), Jan. 5, 2021, 134
Stat. 4967, provided that: ‘‘The purpose of the amend-
ment made by paragraph (1) [amending section 504 of
Pub. L. 104–275, set out above] is to expand the license
portability for physicians assistants, nurse practi-
tioners, audiologists, and psychologists to supplement
the capacity of employees of the Department to provide
medical examinations described in subsection (b) [set
out as a note above].’’]
[Pub. L. 116–315, title II, § 2002(a)(3), Jan. 5, 2021, 134
Stat. 4968, provided that: ‘‘The amendment made by
paragraph (1) [amending section 504 of Pub. L. 104–275,
set out above] shall not be construed to affect the li-
cense portability for physicians in effect under section
504(c) of such Act [Pub. L. 104–275] as in effect on the
day before the date of the enactment of this Act [Jan.
5, 2021].’’]
[Pub. L. 116–315, title II, § 2002(a)(4), Jan. 5, 2021, 134
Stat. 4968, as amended by Pub. L. 118–19, § 1, Oct. 6, 2023,
137 Stat. 106, provided that: ‘‘On the date that is five
years after the date of the enactment of this Act [Jan.
5, 2021], subsection (c) of such section [section 504(c) of
Pub. L. 104–275, set out above] shall read as it read on
the day before the date of the enactment of this Act.’’]
EXPEDITED TREATMENT OF REMANDED CLAIMS
Pub. L. 103–446, title III, § 302, Nov. 2, 1994, 108 Stat.
4658, as amended by Pub. L. 105–368, title V, § 512(c),
Nov. 11, 1998, 112 Stat. 3342, provided that Secretary of
Veterans Affairs was to take necessary actions to pro-
vide for exp
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5102
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