38 U.S.C. § 5105 — Joint applications for social security and

Page 1038 TITLE 38—VETERANS’ BENEFITS § 5105 in paragraph (1) with respect to different claims or different issues contained within a claim. (D) The Secretary may, as the Secretary con- siders appropriate, develop and implement a pol- icy for claimants who— (i) take an action under paragraph (1); (ii) wish to withdraw the action before the higher-level review, supplemental claim, or notice of disagreement is adjudicated; and (iii) in lieu of such action take a different action under paragraph (1). (b) MORE THAN ONE YEAR AFTER DECISION.—In any case in which the Secretary renders a deci- sion on a claim and more than one year has passed since the date on which the agency of original jurisdiction issues a decision with re- spect to that claim, the claimant may file a sup- plemental claim under section 5108 of this title. (Added Pub. L. 115–55, § 2(h)(1), Aug. 23, 2017, 131 Stat. 1108.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to all claims for which the Sec- retary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certifi- cation of certain capabilities of the Department of Vet- erans Affairs to carry out the new appeals system es- tablished by Pub. L. 115–55 and to address appeals of de- cisions on legacy claims, with provision for early appli- cability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder. § 5105. Joint applications for social security and dependency and indemnity compensation (a) The Secretary and the Commissioner of So- cial Security may jointly prescribe forms for use by survivors of members and former members of the uniformed services in filing application for benefits under chapter 13 of this title and title II of the Social Security Act (42 U.S.C. 401 et seq.). Such forms shall request information sufficient to constitute an application for benefits under both chapter 13 of this title and title II of the Social Security Act (42 U.S.C. 401 et seq.). (b) When an application on any document indi- cating an intent to apply for survivor benefits is filed with either the Secretary or the Commis- sioner of Social Security, it shall be deemed to be an application for benefits under both chap- ter 13 of this title and title II of the Social Secu- rity Act (42 U.S.C. 401 et seq.). A copy of each such application filed with either the Secretary or the Commissioner, together with any addi- tional information and supporting documents (or certifications thereof) which may have been received by the Secretary or the Commissioner with such application, and which may be needed by the other official in connection therewith, shall be transmitted by the Secretary or the Commissioner receiving the application to the other official. The preceding sentence shall not prevent the Secretary and the Commissioner of Social Security from requesting the applicant, or any other individual, to furnish such addi- tional information as may be necessary for pur- poses of chapter 13 of this title and title II of the Social Security Act (42 U.S.C. 401 et seq.), re- spectively. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1226, § 3005; Pub. L. 97–295, § 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98–160, title VII, § 702(16), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5105, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(9), Aug. 6, 1991, 105 Stat. 405; Pub. L. 103–296, title I, § 108(k), Aug. 15, 1994, 108 Stat. 1488; Pub. L. 112–154, title V, § 503, Aug. 6, 2012, 126 Stat. 1191.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. PRIOR PROVISIONS Prior section 5105 was renumbered section 8305 of this title. AMENDMENTS 2012—Subsec. (a). Pub. L. 112–154, § 503(1), substituted ‘‘may jointly’’ for ‘‘shall jointly’’ and ‘‘Such forms’’ for ‘‘Each such form’’. Subsec. (b). Pub. L. 112–154, § 503(2), substituted ‘‘on any document indicating an intent to apply for sur- vivor benefits’’ for ‘‘on such a form’’. 1994—Subsec. (a). Pub. L. 103–296, § 108(k)(1), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary of Health and Human Services’’. Subsec. (b). Pub. L. 103–296, § 108(k), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary of Health and Human Services’’ in two places and amend- ed second sentence generally. Prior to amendment, sec- ond sentence read as follows: ‘‘A copy of each such ap- plication filed with either Secretary, together with any additional information and supporting documents (or certifications thereof) which may have been received by that Secretary with such application, and which may be needed by the other Secretary in connection therewith, shall be transmitted by the Secretary re- ceiving the application to the other Secretary.’’ 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3005 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(9)(A)–(C), substituted ‘‘(a) The Secretary’’ for ‘‘The Administrator’’ at the be- ginning of text and substituted ‘‘401 et seq.).’’ for ‘‘401 et seq.); and’’ in second sentence. Subsec. (b). Pub. L. 102–83, § 4(b)(9)(D)–(J), substituted ‘‘(b) When an application on such a form is filed with either the Secretary’’ for ‘‘when an application on such form has been filed with either the Administrator’’, ‘‘filed with either Secretary’’ for ‘‘filed with the Ad- ministrator’’, ‘‘received by that Secretary’’ for ‘‘re- ceived by the Administrator’’, ‘‘needed by the other Secretary’’ for ‘‘needed by the Secretary’’, and ‘‘by the Secretary receiving the application to the other Sec- retary.’’ for ‘‘by the Administrator to the Secretary;’’, struck out ‘‘and a copy of each such application filed with the Secretary, together with any additional infor- mation and supporting documents (or certifications thereof) which may have been received by the Sec- retary with such form, and which may be needed by the Administrator in connection therewith, shall be trans- mitted by the Secretary to the Administrator.’’ before ‘‘The preceding sentence’’, and substituted ‘‘the Sec- retary and the Secretary of Health and Human Serv- ices’’ for ‘‘the Secretary and the Administrator’’. 1983—Pub. L. 98–160 substituted ‘‘title II of the Social Security Act (42 U.S.C. 401 et seq.)’’ for ‘‘subchapter II of chapter 7 of title 42’’ wherever appearing. 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, 1976, see section 405(a) of Pub. L. 94–432, set out as an Effective Date of 1976 Amendment note under section 1521 of this title. § 5107. Claimant responsibility; benefit of the doubt (a) CLAIMANT RESPONSIBILITY.—Except as oth- erwise provided by law, a claimant has the re- sponsibility to present and support a claim for benefits under laws administered by the Sec- retary. (b) BENEFIT OF THE DOUBT.—The Secretary shall consider all information and lay and med- ical evidence of record in a case before the Sec- retary with respect to benefits under laws ad- ministered by the Secretary. When there is an approximate balance of positive and negative evidence regarding any issue material to the de- termination of a matter, the Secretary shall give the benefit of the doubt to the claimant. (Added Pub. L. 100–687, div. A, title I, § 103(a)(1), Nov. 18, 1988, 102 Stat. 4106, § 3007; renumbered § 5107 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 106–398, § 1 [[div. A], title XVI, § 1611(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–359; Pub. L. 106–419, title I, § 104(c)(2), Nov. 1, 2000, 114 Stat. 1828; Pub. L. 106–475, § 4, Nov. 9, 2000, 114 Stat. 2098.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–475 substituted ‘‘Claimant responsi- bility; benefit of the doubt’’ for ‘‘Burden of proof; ben- efit of the doubt’’ in section catchline and amended text generally. Prior to amendment, text read as fol- lows: ‘‘(a) Except when otherwise provided by the Sec- retary in accordance with the provisions of this title, a person who submits a claim for benefits under a law ad- ministered by the Secretary shall have the burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that the claim is well grounded. The Secretary shall assist such a claimant in developing the facts pertinent to the claim. Such as- sistance shall include requesting information as de- scribed in section 5106 of this title. ‘‘(b) When, after consideration of all evidence and material of record in a case before the Department with respect to benefits under laws administered by the Sec- retary, there is an approximate balance of positive and negative evidence regarding the merits of an issue ma- terial to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant. Nothing in this subsection shall be con- strued as shifting from the claimant to the Secretary the burden specified in subsection (a) of this section.’’ Pub. L. 106–398, § 1 [[div. A], title XVI, § 1611(a)], di- rected the general amendment of the section catchline and text. Pub. L. 106–419, § 104(c)(2), provided that, as of the enactment of Pub. L. 106–419, the amendment made by Pub. L. 106–398, § 1 [[div. A], title XVI, § 1611(a)], was deemed for all purposes not to have taken effect and that Pub. L. 106–398, § 1 [[div. A], title XVI, § 1611(a)], ceased to be in effect. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3007 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘5106’’ for ‘‘3006’’. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ before ‘‘the burden’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–475, § 7, Nov. 9, 2000, 114 Stat. 2099, pro- vided that: ‘‘(a) IN GENERAL.—Except as specifically provided otherwise, the provisions of section 5107 of title 38, United States Code, as amended by section 4 of this Act, apply to any claim— ‘‘(1) filed on or after the date of the enactment of this Act [Nov. 9, 2000]; or ‘‘(2) filed before the date of the enactment of this Act and not final as of that date. ‘‘(b) RULE FOR CLAIMS THE DENIAL OF WHICH BECAME FINAL AFTER THE COURT OF APPEALS FOR VETERANS CLAIMS DECISION IN THE MORTON CASE.—(1) In the case of a claim for benefits denied or dismissed as described