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38 U.S.C. § 5103A — Duty to assist claimants
Federal law — U.S. Code and appendices · legal_authorities
**(a) Duty To Assist.—**
(1) The Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant’s claim for a benefit under a law administered by the Secretary.
(2) The Secretary is not required to provide assistance to a claimant under this section if no reasonable possibility exists that such assistance would aid in substantiating the claim.
(3) The Secretary may defer providing assistance under this section pending the submission by the claimant of essential information missing from the claimant’s application.
**(b) Assistance in Obtaining Private Records.—**
(1) As part of the assistance provided under subsection (a), the Secretary shall make reasonable efforts to obtain relevant private records that the claimant adequately identifies to the Secretary.
(2)
(A) Whenever the Secretary, after making such reasonable efforts, is unable to obtain all of the relevant records sought, the Secretary shall notify the claimant that the Secretary is unable to obtain records with respect to the claim. Such a notification shall—
(i) identify the records the Secretary is unable to obtain;
(ii) briefly explain the efforts that the Secretary made to obtain such records; and
(iii) explain that the Secretary will decide the claim based on the evidence of record but that this section does not prohibit the submission of records at a later date if such submission is otherwise allowed.
(B) The Secretary shall make not less than two requests to a custodian of a private record in order for an effort to obtain relevant private records to be treated as reasonable under this section, unless it is made evident by the first request that a second request would be futile in obtaining such records.
(3)
(A) This
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Source location: Title 38, Chapter 51, § 5103A; chapter-051-claims-effective-dates-and-payments.md
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**(a) Duty To Assist.—**
(1) The Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant’s claim for a benefit under a law administered by the Secretary.
(2) The Secretary is not required to provide assistance to a claimant under this section if no reasonable possibility exists that such assistance would aid in substantiating the claim.
(3) The Secretary may defer providing assistance under this section pending the submission by the claimant of essential information missing from the claimant’s application.
**(b) Assistance in Obtaining Private Records.—**
(1) As part of the assistance provided under subsection (a), the Secretary shall make reasonable efforts to obtain relevant private records that the claimant adequately identifies to the Secretary.
(2)
(A) Whenever the Secretary, after making such reasonable efforts, is unable to obtain all of the relevant records sought, the Secretary shall notify the claimant that the Secretary is unable to obtain records with respect to the claim. Such a notification shall—
(i) identify the records the Secretary is unable to obtain;
(ii) briefly explain the efforts that the Secretary made to obtain such records; and
(iii) explain that the Secretary will decide the claim based on the evidence of record but that this section does not prohibit the submission of records at a later date if such submission is otherwise allowed.
(B) The Secretary shall make not less than two requests to a custodian of a private record in order for an effort to obtain relevant private records to be treated as reasonable under this section, unless it is made evident by the first request that a second request would be futile in obtaining such records.
(3)
(A) This section shall not apply if the evidence of record allows for the Secretary to award the maximum benefit in accordance with this title based on the evidence of record.
(B) For purposes of this paragraph, the term “maximum benefit” means the highest evaluation assignable in accordance with the evidence of record, as long as such evidence is adequate for rating purposes and sufficient to grant the earliest possible effective date in accordance with [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim).
(4) Under regulations prescribed by the Secretary, the Secretary—
(A) shall encourage claimants to submit relevant private medical records of the claimant to the Secretary if such submission does not burden the claimant; and
(B) in obtaining relevant private records under paragraph (1), may require the claimant to authorize the Secretary to obtain such records if such authorization is required to comply with Federal, State, or local law.
**(c) Obtaining Records for Compensation Claims.—**
(1) In the case of a claim for disability compensation, the assistance provided by the Secretary under this section shall include obtaining the following records if relevant to the claim:
(A) The claimant’s service medical records and, if the claimant has furnished the Secretary information sufficient to locate such records, other relevant records pertaining to the claimant’s active military, naval, air, or space service that are held or maintained by a governmental entity.
(B) Records of relevant medical treatment or examination of the claimant at Department health-care facilities or at the expense of the Department, if the claimant furnishes information sufficient to locate those records.
(C) Any other relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes the Secretary to obtain.
(2) Whenever the Secretary attempts to obtain records from a Federal department or agency under this subsection, the efforts to obtain those records shall continue until the records are obtained unless it is reasonably certain that such records do not exist or that further efforts to obtain those records would be futile.
**(d) Medical Examinations for Compensation Claims.—**
(1) In the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (a) shall include providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.
(2) The Secretary shall treat an examination or opinion as being necessary to make a decision on a claim for purposes of paragraph (1) if the evidence of record before the Secretary, taking into consideration all information and lay or medical evidence (including statements of the claimant)—
(A) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and
(B) indicates that the disability or symptoms may be associated with the claimant’s active military, naval, air, or space service; but
(C) does not contain sufficient medical evidence for the Secretary to make a decision on the claim.
**(e) Applicability of Duty to Assist.—**
(1) The Secretary’s duty to assist under this section shall apply only to a claim, or supplemental claim, for a benefit under a law administered by the Secretary until the time that a claimant is provided notice of the agency of original jurisdiction’s decision with respect to such claim, or supplemental claim, under [section 5104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5104&num=0&edition=prelim).
(2) The Secretary’s duty to assist under this section shall not apply to higher-level review by the agency of original jurisdiction, pursuant to [section 5104B of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5104b&num=0&edition=prelim), or to review on appeal by the Board of Veterans’ Appeals.
**(f) Correction of Duty to Assist Errors.—**
(1) If, during review of the agency of original jurisdiction decision under [section 5104B of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5104b&num=0&edition=prelim), the higher-level adjudicator identifies or learns of an error on the part of the agency of original jurisdiction to satisfy its duties under this section, and that error occurred prior to the agency of original jurisdiction decision being reviewed, unless the Secretary may award the maximum benefit in accordance with this title based on the evidence of record, the higher-level adjudicator shall return the claim for correction of such error and readjudication.
(2)
(A) If the Board of Veterans’ Appeals, during review on appeal of an agency of original jurisdiction decision, identifies or learns of an error on the part of the agency of original jurisdiction to satisfy its duties under this section, and that error occurred prior to the agency of original jurisdiction decision on appeal, unless the Secretary may award the maximum benefit in accordance with this title based on the evidence of record, the Board shall remand the claim to the agency of original jurisdiction for correction of such error and readjudication.
(B) Remand for correction of such error may include directing the agency of original jurisdiction to obtain an advisory medical opinion under [section 5109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5109&num=0&edition=prelim).
(3) Nothing in this subsection shall be construed to imply that the Secretary, during the consideration of a claim, does not have a duty to correct an error described in paragraph (1) or (2) that was erroneously not identified during higher-level review or during review on appeal with respect to the claim.
**(g) Regulations.—** The Secretary shall prescribe regulations to carry out this section.
**(h) Rule With Respect to Disallowed Claims.—** Nothing in this section shall be construed to require the Secretary to readjudicate a claim that has been disallowed except when new and relevant evidence is presented or secured, as described in [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim).
**(i) Other Assistance Not Precluded.—** Nothing in this section shall be construed as precluding the Secretary from providing such other assistance under subsection (a) to a claimant in substantiating a claim as the Secretary considers appropriate.
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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
**(a) In General.—** If new and relevant evidence is presented or secured with respect to a supplemental claim, the Secretary shall readjudicate the claim taking into consideration all of the evidence of record.
**(b) Duty to Assist.—**
(1) If a claimant, in connection with a supplemental claim, reasonably identifies existing records, whether or not in the custody of a Federal department or agency, the Secretary shall assist the claimant in obtaining the records in accordance with [section 5103A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5103a&num=0&edition=prelim).
(2) Assistance under paragraph (1) shall not be predicated upon a finding that new and relevant evidence has been presented or secured.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5108
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When, in the judgment of the Secretary, expert medical opinion, in addition to that available within the Department, is warranted by the medical complexity or controversy involved in a case being considered by the Department, the Secretary may secure an advisory medical opinion from one or more independent medical experts who are not employees of the Department.
**(b)** The Secretary shall make necessary arrangements with recognized medical schools, universities, or clinics to furnish such advisory medical opinions. Any such arrangement shall provide that the actual selection of the expert or experts to give the advisory opinion in an individual case shall be made by an appropriate official of such institution.
**(c)** The Secretary shall furnish a claimant with notice that an advisory medical opinion has been requested under this section with respect to the claimant’s case and shall furnish the claimant with a copy of such opinion when it is received by the Secretary.
**(d)**
(1) The Board of Veterans’ Appeals shall remand a claim to direct the agency of original jurisdiction to obtain an advisory medical opinion from an independent medical expert under this section if the Board finds that the Veterans Benefits Administration should have exercised its discretion to obtain such an opinion.
(2) The Board’s remand instructions shall include the questions to be posed to the independent medical expert providing the advisory medical opinion.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5109
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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)**
(1) Unless specifically provided otherwise in this chapter, the effective date of an award based on an initial claim, or a supplemental claim, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.
(2) For purposes of determining the effective date of an award under this section, the date of application shall be considered the date of the filing of the initial application for a benefit if the claim is continuously pursued by filing any of the following, either alone or in succession:
(A) A request for higher-level review under [section 5104B of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5104b&num=0&edition=prelim) on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(B) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim) on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(C) A notice of disagreement on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(D) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim) on or before the date that is one year after the date on which the Board of Veterans’ Appeals issues a decision.
(E) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5110
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Federal law — U.S. Code and appendices · legal_authorities
Page 1034
TITLE 38—VETERANS’ BENEFITS
§ 5103A
prescribed pursuant to subsection (a)(2) of such section
as of the date of the enactment of this Act [Aug. 6,
2012].’’
APPLICABILITY OF REGULATIONS
Pub. L. 110–389, title I, § 101(b), Oct. 10, 2008, 122 Stat.
4148, provided that: ‘‘The regulations required by para-
graph (2) of section 5103(a) of title 38, United States
Code (as amended by subsection (a) of this section),
shall apply with respect to notices provided to claim-
ants on or after the effective date of such regulations.’’
READJUDICATION OF CERTAIN CLAIMS; NOTICE
Pub. L. 108–183, title VII, § 701(d), (e), Dec. 16, 2003, 117
Stat. 2670, 2671, provided that:
‘‘(d) PROCEDURES
FOR READJUDICATION
OF CERTAIN
CLAIMS.—(1) The Secretary of Veterans Affairs shall re-
adjudicate a claim of a qualified claimant if the request
for such readjudication is received not later than the
end of the one-year period that begins on the date of
the enactment of this Act [Dec. 16, 2003].
‘‘(2) For purposes of this subsection, a claimant is
qualified within the meaning of paragraph (1) if the
claimant—
‘‘(A) received notice under section 5103(a) of title 38,
United States Code, requesting information or evi-
dence to substantiate a claim;
‘‘(B) did not submit such information or evidence
within a year after the date such notice was sent;
‘‘(C) did not file a timely appeal to the Board of
Veterans’ Appeals or the United States Court of Ap-
peals for Veterans Claims; and
‘‘(D) submits such information or evidence during
the one-year period referred to in paragraph (1).
‘‘(3) If the decision of the Secretary on a readjudica-
tion under this subsection is in favor of the qualified
claimant, the award of the grant shall take effect as if
the prior decision by the Secr
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5103A
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