38 U.S.C. § 5106 — Furnishing of information by other agen-

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