38 U.S.C. § 5102 — Application forms furnished upon request;

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 expeditious treatment, by the Board of Vet- erans’ Appeals and by regional offices of the Veterans Benefits Administration, of any claim that had been re- manded by the Board of Veterans’ Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action, prior to repeal by Pub. L. 108–183, title VII, § 707(c), Dec. 16, 2003, 117 Stat. 2673. VETERANS’ CLAIMS ADJUDICATION COMMISSION Pub. L. 103–446, title IV, Nov. 2, 1994, 108 Stat. 4659, as amended by Pub. L. 104–275, title V, § 503(a), Oct. 9, 1996, 110 Stat. 3341, established Veterans’ Claims Adjudica- tion Commission which was directed to conduct com- prehensive evaluation and assessment of Department of Veterans Affairs system for disposition of claims for veterans benefits and of system for delivery of such benefits, together with any related issues determined to be relevant to study, for purpose of determining means of increasing efficiency of system, means of re- ducing number of claims under system for which final disposition is pending, and means of enhancing ability of Department of Veterans Affairs to achieve final de- termination regarding claims under system in prompt and appropriate manner, and further provided for mem- bership and powers of Commission, personnel matters, definitions and funding, and for submission of prelimi- nary report to Secretary of Veterans Affairs and Con- gress not later than one year after Nov. 2, 1994, submis- sion of final report not later than Dec. 31, 1996, and for termination of Commission 90 days after submission of final report. § 5102. Application forms furnished upon request; notice to claimants of incomplete applica- tions (a) FURNISHING FORMS.—Upon request made by any person claiming or applying for, or express- ing 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 adminis- tered by the Secretary is incomplete, the Sec- retary shall notify the claimant and the claim- ant’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 nec- essary to complete an application is not re- ceived 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 ap- plication. (2) This subsection shall not apply to any ap- plication or claim for Government life insurance benefits. (Added Pub. L. 106–475, § 3(a), Nov. 9, 2000, 114 Stat. 2096; amended Pub. L. 108–183, title VII, § 701(a), Dec. 16, 2003, 117 Stat. 2670.) Editorial Notes PRIOR PROVISIONS A prior section 5102, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1225, § 3002; renumbered § 5102, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405, re- lated to application forms, prior to repeal by Pub. L. 106–475, § 3(a), Nov. 9, 2000, 114 Stat. 2096. Another prior section 5102 was renumbered section 8302 of this title. AMENDMENTS 2003—Subsec. (c). Pub. L. 108–183 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–183, title VII, § 701(c), Dec. 16, 2003, 117 Stat. 2670, provided that: ‘‘The amendments made by this section [amending this section and section 5103 of this title] shall take effect as if enacted on November 9, 2000, immediately after the enactment of the Vet- erans Claims Assistance Act of 2000 (Public Law 106–475; 114 Stat. 2096).’’ § 5103. Notice to claimants of required informa- tion and evidence (a) REQUIRED INFORMATION AND EVIDENCE.—(1) Except as provided in paragraph (3), the Sec- retary 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, no- tice of any information, and any medical or lay evidence, not previously provided to the Sec- retary 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 Sec- retary, in accordance with section 5103A of this title and any other applicable provisions of law, will attempt to obtain on behalf of the claimant. (2)(A) The Secretary shall prescribe in regula- tions requirements relating to the contents of notice to be provided under this subsection. (B) The regulations required by this para- graph— (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;