US (United States) Code. Title 38. Chapter 51: Claims, effective dates and payments

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits. General Administrative Provisions

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-CITE-

38 USC CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

-HEAD-

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

-MISC1-

SUBCHAPTER I - CLAIMS

Sec.

5100. Definition of "claimant".

5101. Claims and forms.

5102. Application forms furnished upon request; notice to

claimants of incomplete applications.

5103. Notice to claimants of required information and

evidence.

5103A. Duty to assist claimants.

5104. Decisions and notices of decisions.

5105. Joint applications for social security and dependency

and indemnity compensation.

5106. Furnishing of information by other agencies.

5107. Claimant responsibility; benefit of the doubt.

5108. Reopening disallowed claims.

5109. Independent medical opinions.

5109A. Revision of decisions on grounds of clear and

unmistakable error.

SUBCHAPTER II - EFFECTIVE DATES

5110. Effective dates of awards.

5111. Commencement of period of payment.

5112. Effective dates of reductions and discontinuances.

5113. Effective dates of educational benefits.

SUBCHAPTER III - PAYMENT OF BENEFITS

5120. Payment of benefits; delivery.

5121. Payment of certain accrued benefits upon death of

beneficiary.(!1)

5122. Cancellation of checks mailed to deceased payees.

5123. Rounding down of pension rates.

5124. Acceptance of claimant's statement as proof of

relationship.

5125. Acceptance of reports of private physician

examinations.

5126. Benefits not to be denied based on lack of mailing

address.

AMENDMENTS

2000 - Pub. L. 106-475, Sec. 6, Nov. 9, 2000, 114 Stat. 2099,

added items 5100, 5102 to 5103A, 5107, and 5126, and struck out

former items 5102 "Application forms furnished upon request", 5103

"Incomplete applications", and 5107 "Burden of proof; benefit of

the doubt".

Pub. L. 106-398, Sec. 1 [[div. A], title XVI, Sec. 1611(b)], Oct.

30, 2000, 114 Stat. 1654, 1654A-360, directed amendment of table of

sections by striking the item relating to section 5017 and

inserting item 5107 "Assistance to claimants; benefit of the doubt;

burden of proof". Pub. L. 106-419, title I, Sec. 104(c)(2), Nov. 1,

2000, 114 Stat. 1828, provided that, as of the enactment of Pub. L.

106-419, the amendments made by Pub. L. 106-398, Sec. 1 [[div. A],

title XVI, Sec. 1611(b)], were deemed for all purposes not to have

taken effect and that Pub. L. 106-398, Sec. 1 [[div. A], title XVI,

Sec. 1611(b)], ceased to be in effect.

1997 - Pub. L. 105-111, Sec. 1(a)(2), Nov. 21, 1997, 111 Stat.

2271, added item 5109A.

1994 - Pub. L. 103-446, title III, Sec. 301(c), Nov. 2, 1994, 108

Stat. 4658, added items 5124 and 5125.

1991 - Pub. L. 102-40, title IV, Sec. 402(c)(1), May 7, 1991, 105

Stat. 239, renumbered items 3001 to 3023 as 5101 to 5123,

respectively.

1989 - Pub. L. 101-237, title I, Sec. 115(a)(2), Dec. 18, 1989,

103 Stat. 2066, added item 3004.

1988 - Pub. L. 100-687, div. A, title I, Sec. 103(a)(2), (c)(2),

(3), Nov. 18, 1988, 102 Stat. 4107, 4108, substituted "CLAIMS" for

"APPLICATIONS" in heading for chapter and in item for subchapter I

and added items 3007, 3008, and 3009.

1982 - Pub. L. 97-253, title IV, Secs. 401(a)(2), 403(a)(2),

Sept. 8, 1982, 96 Stat. 802, added items 3011 and 3023,

respectively.

1977 - Pub. L. 95-117, title IV, Sec. 402(b)(2), Oct. 3, 1977, 91

Stat. 1066, struck out "by check" after "benefit" in item 3020.

1976 - Pub. L. 94-432, title IV, Sec. 403(1), Sept. 30, 1976, 90

Stat. 1372, added item 3006.

1962 - Pub. L. 87-825, Sec. 5(b), Oct. 15, 1962, 76 Stat. 950,

struck out items 3004 and 3011.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1315 of this title.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

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38 USC SUBCHAPTER I - CLAIMS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I - CLAIMS

-HEAD-

SUBCHAPTER I - CLAIMS

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-687, div. A, title I, Sec. 103(c)(4), Nov. 18,

1988, 102 Stat. 4108, substituted "CLAIMS" for "APPLICATIONS" in

heading for subchapter I.

-End-

-CITE-

38 USC Sec. 5100 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I - CLAIMS

-HEAD-

Sec. 5100. Definition of "claimant"

-STATUTE-

For purposes of this chapter, the term "claimant" means any

individual applying for, or submitting a claim for, any benefit

under the laws administered by the Secretary.

-SOURCE-

(Added Pub. L. 106-475, Sec. 2, Nov. 9, 2000, 114 Stat. 2096.)

-End-

-CITE-

38 USC Sec. 5101 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I - CLAIMS

-HEAD-

Sec. 5101. Claims and forms

-STATUTE-

(a) A specific claim in the form prescribed by the Secretary (or

jointly with the Secretary of Health and Human Services, as

prescribed by section 5105 of this title) must be filed in order

for benefits to be paid or furnished to any individual under the

laws administered by the Secretary.

(b)(1) A claim by a surviving spouse or child for compensation or

dependency and indemnity compensation shall also be considered to

be a claim for death pension and accrued benefits, and a claim by a

surviving spouse or child for death pension shall be considered to

be a claim for death compensation (or dependency and indemnity

compensation) and accrued benefits.

(2) A claim by a parent for compensation or dependency and

indemnity compensation shall also be considered to be a claim for

accrued benefits.

(c)(1) Any person who applies for or is in receipt of any

compensation or pension benefit under laws administered by the

Secretary shall, if requested by the Secretary, furnish the

Secretary with the social security number of such person and the

social security number of any dependent or beneficiary on whose

behalf, or based upon whom, such person applies for or is in

receipt of such benefit. A person is not required to furnish the

Secretary with a social security number for any person to whom a

social security number has not been assigned.

(2) The Secretary shall deny the application of or terminate the

payment of compensation or pension to a person who fails to furnish

the Secretary with a social security number required to be

furnished pursuant to paragraph (1) of this subsection. The

Secretary may thereafter reconsider the application or reinstate

payment of compensation or pension, as the case may be, if such

person furnishes the Secretary with such social security number.

(3) The costs of administering this subsection shall be paid for

from amounts available to the Department of Veterans Affairs for

the payment of compensation and pension.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1225, Sec. 3001; Pub. L.

97-295, Sec. 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L.

99-576, title VII, Sec. 701(61), Oct. 28, 1986, 100 Stat. 3296;

Pub. L. 101-508, title VIII, Sec. 8053(a), Nov. 5, 1990, 104 Stat.

1388-352; renumbered Sec. 5101 and amended Pub. L. 102-40, title

IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub.

L. 102-83, Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

403-405.)

-MISC1-

PRIOR PROVISIONS

Prior section 5101 was renumbered section 8301 of this title.

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3001 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" after "prescribed by the".

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Pub. L. 102-40, Sec. 402(d)(1), substituted "5105" for "3005".

1990 - Subsec. (c). Pub. L. 101-508 added subsec. (c).

1986 - Subsec. (b)(1). Pub. L. 99-576 substituted "surviving

spouse or" for "widow or" in two places.

1982 - Subsec. (a). Pub. L. 97-295 substituted "Health and Human

Services" for "Health, Education, and Welfare".

PILOT PROGRAM FOR USE OF CONTRACT PHYSICIANS FOR DISABILITY

EXAMINATIONS

Pub. L. 104-275, title V, Sec. 504, Oct. 9, 1996, 110 Stat. 3341,

provided that:

"(a) Authority. - The Secretary of Veterans Affairs, acting

through the Under Secretary for Benefits, may conduct a pilot

program under this section under which examinations with respect to

medical disability of applicants for benefits under laws

administered by the Secretary that are carried out through the

Under Secretary for Benefits may be made by persons other than

employees of the Department of Veterans Affairs. Any such

examination shall be performed pursuant to contracts entered into

by the Under Secretary for Benefits with those persons.

"(b) Limitation. - The Secretary may carry out the pilot program

under this section through not more than 10 regional offices of the

Department of Veterans Affairs.

"(c) Source of Funds. - Payments for contracts under the pilot

program under this section shall be made from amounts available to

the Secretary of Veterans Affairs for payment of compensation and

pensions.

"(d) Report to Congress. - Not later than three years after the

date of the enactment of this Act [Oct. 9, 1996], the Secretary

shall submit to the Congress a report on the effect of the use of

the authority provided by subsection (a) on the cost, timeliness,

and thoroughness of medical disability examinations."

EXPEDITED TREATMENT OF REMANDED CLAIMS

Pub. L. 103-446, title III, Sec. 302, Nov. 2, 1994, 108 Stat.

4658, as amended by Pub. L. 105-368, title V, Sec. 512(c), Nov. 11,

1998, 112 Stat. 3342, provided that: "The Secretary of Veterans

Affairs shall take such actions as may be necessary to provide for

the expeditious treatment, by the Board of Veterans' Appeals and by

the regional offices of the Veterans Benefits Administration, of

any claim that has been remanded by the Board of Veterans' Appeals

or by the United States Court of Appeals for Veterans Claims for

additional development or other appropriate action."

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, Sec. 503(a), Oct. 9, 1996, 110

Stat. 3341, established Veterans' Claims Adjudication Commission

which was directed to conduct comprehensive 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 reducing number of claims under

system for which final disposition is pending, and means of

enhancing ability of Department of Veterans Affairs to achieve

final determination regarding claims under system in prompt and

appropriate manner, and further provided for membership and powers

of Commission, personnel matters, definitions and funding, and for

submission of preliminary report to Secretary of Veterans Affairs

and Congress not later than one year after Nov. 2, 1994, submission

of final report not later than Dec. 31, 1996, and for termination

of Commission 90 days after submission of final report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1822, 5110 of this title.

-End-

-CITE-

38 USC Sec. 5102 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I - CLAIMS

-HEAD-

Sec. 5102. Application forms furnished upon request; notice to

claimants of incomplete applications

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 106-475, Sec. 3(a), Nov. 9, 2000, 114 Stat. 2096.)

-MISC1-

PRIOR PROVISIONS

A prior section 5102, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.

1225, Sec. 3002; renumbered Sec. 5102, Pub. L. 102-40, title IV,

Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec.

4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405, related

to application forms, prior to repeal by Pub. L. 106-475, Sec.

3(a), Nov. 9, 2000, 114 Stat. 2096.

Another prior section 5102 was renumbered section 8302 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3034 of this title.

-End-

-CITE-

38 USC Sec. 5103 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I - CLAIMS

-HEAD-

Sec. 5103. Notice to claimants of required information and evidence

-STATUTE-

(a) Required Information and Evidence. - Upon receipt of a

complete or substantially complete application, the Secretary shall

notify the claimant and the claimant's representative, if any, 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 and any other

applicable provisions of law, will attempt to obtain on behalf of

the claimant.

(b) Time Limitation. - (1) In the case of information or evidence

that the claimant is notified under subsection (a) is to be

provided by the claimant, if such information or evidence is not

received by the Secretary within one year from the date of such

notification, 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.

-SOURCE-

(Added Pub. L. 106-475, Sec. 3(a), Nov. 9, 2000, 114 Stat. 2096;

amended Pub. L. 107-14, Sec. 8(a)(12), June 5, 2001, 115 Stat. 35.)

-MISC1-

PRIOR PROVISIONS

A prior section 5103, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.

1225, Sec. 3003; Pub. L. 99-570, title XI, Sec. 11007(a)(1), Oct.

27, 1986, 100 Stat. 3207-170; renumbered Sec. 5103, Pub. L. 102-40,

title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.

102-83, Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

403-405, related to incomplete applications, prior to repeal by

Pub. L. 106-475, Sec. 3(a), Nov. 9, 2000, 114 Stat. 2096.

Another prior section 5103 was renumbered section 8303 of this

title.

AMENDMENTS

2001 - Subsec. (b)(1). Pub. L. 107-14 substituted "one year" for

"1 year".

-End-

-CITE-

38 USC Sec. 5103A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I - CLAIMS

-HEAD-

Sec. 5103A. Duty to assist claimants

-STATUTE-

(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 Records. - (1) As part of the

assistance provided under subsection (a), the Secretary shall make

reasonable efforts to obtain relevant records (including private

records) that the claimant adequately identifies to the Secretary

and authorizes the Secretary to obtain.

(2) 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

-

(A) identify the records the Secretary is unable to obtain;

(B) briefly explain the efforts that the Secretary made to

obtain those records; and

(C) describe any further action to be taken by the Secretary

with respect to the claim.

(3) Whenever the Secretary attempts to obtain records from a

Federal department or agency under this subsection or subsection

(c), 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.

(c) Obtaining Records for Compensation Claims. - In the case of a

claim for disability compensation, the assistance provided by the

Secretary under subsection (b) shall include obtaining the

following records if relevant to the claim:

(1) 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, or air service that are held or

maintained by a governmental entity.

(2) 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.

(3) Any other relevant records held by any Federal department

or agency that the claimant adequately identifies and authorizes

the Secretary to obtain.

(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, or air service; but

(C) does not contain sufficient medical evidence for the

Secretary to make a decision on the claim.

(e) Regulations. - The Secretary shall prescribe regulations to

carry out this section.

(f) Rule With Respect to Disallowed Claims. - Nothing in this

section shall be construed to require the Secretary to reopen a

claim that has been disallowed except when new and material

evidence is presented or secured, as described in section 5108 of

this title.

(g) 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.

-SOURCE-

(Added Pub. L. 106-475, Sec. 3(a), Nov. 9, 2000, 114 Stat. 2097.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5103 of this title.

-End-

-CITE-

38 USC Sec. 5104 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I - CLAIMS

-HEAD-

Sec. 5104. Decisions and notices of decisions

-STATUTE-

(a) In the case of a decision by the Secretary under section 511

of this title 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) In any case where the Secretary denies a benefit sought, the

notice required by subsection (a) shall also include (1) a

statement of the reasons for the decision, and (2) a summary of the

evidence considered by the Secretary.

-SOURCE-

(Added Pub. L. 101-237, title I, Sec. 115(a)(1), Dec. 18, 1989, 103

Stat. 2065, Sec. 3004; renumbered Sec. 5104, Pub. L. 102-40, title

IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L.

102-54, Sec. 14(d)(1), June 13, 1991, 105 Stat. 285; Pub. L.

103-446, title XII, Sec. 1201(d)(15), Nov. 2, 1994, 108 Stat.

4684.)

-MISC1-

PRIOR PROVISIONS

Prior section 5104 was renumbered section 8304 of this title.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-446 substituted "section 511" for

"section 211(a)".

1991 - Pub. L. 102-40 renumbered section 3004 of this title as

this section.

Pub. L. 102-54 amended section as in effect immediately before

enactment of Pub. L. 102-40 by striking out "(1)" after "(a)" and

substituting "(b)" for "(2)", "subsection (a)" for "paragraph (1)

of this subsection", "(1)" for "(A)", and "(2)" for "(B)".

EFFECTIVE DATE

Section 115(b) of Pub. L. 101-237 provided that: "Section 3004

[now 5104] of title 38, United States Code, as added by subsection

(a), shall apply with respect to decisions by the Secretary of

Veterans Affairs made after January 31, 1990."

-End-

-CITE-

38 USC Sec. 5105 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I - CLAIMS

-HEAD-

Sec. 5105. Joint applications for social security and dependency

and indemnity compensation

-STATUTE-

(a) The Secretary and the Commissioner of Social Security shall

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.). Each such form 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 such a form is filed with either the

Secretary or the Commissioner of Social Security, it shall be

deemed to be 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.). A copy of each such application filed with either the

Secretary or the Commissioner, together with any additional

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 additional

information as may be necessary for purposes of chapter 13 of this

title and title II of the Social Security Act (42 U.S.C. 401 et

seq.), respectively.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1226, Sec. 3005; Pub. L.

97-295, Sec. 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L.

98-160, title VII, Sec. 702(16), Nov. 21, 1983, 97 Stat. 1010;

renumbered Sec. 5105, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(b)(9), Aug. 6, 1991,

105 Stat. 405; Pub. L. 103-296, title I, Sec. 108(k), Aug. 15,

1994, 108 Stat. 1488.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in text, is act Aug. 14,

1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social

Security Act is classified generally to subchapter II (Sec. 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.

-MISC1-

PRIOR PROVISIONS

Prior section 5105 was renumbered section 8305 of this title.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-296, Sec. 108(k)(1), substituted

"Commissioner of Social Security" for "Secretary of Health and

Human Services".

Subsec. (b). Pub. L. 103-296, Sec. 108(k), substituted

"Commissioner of Social Security" for "Secretary of Health and

Human Services" in two places and amended second sentence

generally. Prior to amendment, second sentence read as follows: "A

copy of each such application 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 receiving the application to the other Secretary."

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3005 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(9)(A)-(C), substituted

"(a) The Secretary" for "The Administrator" at the beginning of

text and substituted "401 et seq.)." for "401 et seq.); and" in

second sentence.

Subsec. (b). Pub. L. 102-83, Sec. 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 Administrator", "received by that Secretary" for

"received by the Administrator", "needed by the other Secretary"

for "needed by the Secretary", and "by the Secretary receiving the

application to the other Secretary." for "by the Administrator to

the Secretary;", struck out "and a copy of each such application

filed with the Secretary, together with any additional information

and supporting documents (or certifications thereof) which may have

been received by the Secretary with such form, and which may be

needed by the Administrator in connection therewith, shall be

transmitted by the Secretary to the Administrator." before "The

preceding sentence", and substituted "the Secretary and the

Secretary of Health and Human Services" 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.

1982 - Pub. L. 97-295 substituted "Health and Human Services" for

"Health, Education, and Welfare" wherever appearing.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5101 of this title; title

42 section 402.

-End-

-CITE-

38 USC Sec. 5106 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I - CLAIMS

-HEAD-

Sec. 5106. Furnishing of information by other agencies

-STATUTE-

The head of any Federal department or agency shall provide such

information to the Secretary as the Secretary may request for

purposes of determining 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 information.

-SOURCE-

(Added Pub. L. 94-432, title IV, Sec. 403(2), Sept. 30, 1976, 90

Stat. 1372, Sec. 3006; amended Pub. L. 99-576, title VII, Sec.

701(62), Oct. 28, 1986, 100 Stat. 3296; renumbered Sec. 5106, Pub.

L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404,

405; Pub. L. 106-475, Sec. 5, Nov. 9, 2000, 114 Stat. 2099.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-475 inserted at end "The cost of providing

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 "Administrator" in two

places.

1986 - Pub. L. 99-576 substituted "the Administrator" for "he"

before "may request".

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.

-End-

-CITE-

38 USC Sec. 5107 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I - CLAIMS

-HEAD-

Sec. 5107. Claimant responsibility; benefit of the doubt

-STATUTE-

(a) Claimant Responsibility. - Except as otherwise provided by

law, a claimant has the responsibility to present and support a

claim for benefits under laws administered by the Secretary.

(b) Benefit of the Doubt. - The Secretary shall consider all

information and lay and medical evidence of record in a case before

the Secretary with respect to benefits under laws administered by

the Secretary. When there is an approximate balance of positive and

negative evidence regarding any issue material to the determination

of a matter, the Secretary shall give the benefit of the doubt to

the claimant.

-SOURCE-

(Added Pub. L. 100-687, div. A, title I, Sec. 103(a)(1), Nov. 18,

1988, 102 Stat. 4106, Sec. 3007; renumbered Sec. 5107 and amended

Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105

Stat. 238, 239; Pub. L. 102-83, Sec. 4(a)(1), (3), (4), (b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 403-405; Pub. L. 106-398, Sec. 1

[[div. A], title XVI, Sec. 1611(a)], Oct. 30, 2000, 114 Stat. 1654,

1654A-359; Pub. L. 106-419, title I, Sec. 104(c)(2), Nov. 1, 2000,

114 Stat. 1828; Pub. L. 106-475, Sec. 4, Nov. 9, 2000, 114 Stat.

2098.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-475 substituted "Claimant responsibility;

benefit of the doubt" for "Burden of proof; benefit of the doubt"

in section catchline and amended text generally. Prior to

amendment, text read as follows:

"(a) Except when otherwise provided by the Secretary in

accordance with the provisions of this title, a person who submits

a claim for benefits under a law administered 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 assistance shall include

requesting information as described 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 Secretary, there is an approximate

balance of positive and negative evidence regarding the merits of

an issue material 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 construed as shifting

from the claimant to the Secretary the burden specified in

subsection (a) of this section."

Pub. L. 106-398, Sec. 1 [[div. A], title XVI, Sec. 1611(a)],

directed the general amendment of the section catchline and text.

Pub. L. 106-419, Sec. 104(c)(2), provided that, as of the enactment

of Pub. L. 106-419, the amendment made by Pub. L. 106-398, Sec. 1

[[div. A], title XVI, Sec. 1611(a)], was deemed for all purposes

not to have taken effect and that Pub. L. 106-398, Sec. 1 [[div.

A], title XVI, Sec. 1611(a)], ceased to be in effect.

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3007 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Pub. L. 102-40, Sec. 402(d)(1), substituted "5106" for "3006".

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" before "the burden".

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration".

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-475, Sec. 7, Nov. 9, 2000, 114 Stat. 2099, provided

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 in paragraph (2), the Secretary of Veterans Affairs

shall, upon the request of the claimant or on the Secretary's own

motion, order the claim readjudicated under chapter 51 of such

title, as amended by this Act, as if the denial or dismissal had

not been made.

"(2) A denial or dismissal described in this paragraph is a

denial or dismissal of a claim for a benefit under the laws

administered by the Secretary of Veterans Affairs that -

"(A) became final during the period beginning on July 14, 1999,

and ending on the date of the enactment of this Act; and

"(B) was issued by the Secretary of Veterans Affairs or a court

because the claim was not well grounded (as that term was used in

section 5107(a) of title 38, United States Code, as in effect

during that period).

"(3) A claim may not be readjudicated under this subsection

unless a request for readjudication is filed by the claimant, or a

motion is made by the Secretary, not later than 2 years after the

date of the enactment of this Act.

"(4) In the absence of a timely request of a claimant under

paragraph (3), nothing in this Act [see Short Title of 2000

Amendments note set out under section 101 of this title] shall be

construed as establishing a duty on the part of the Secretary of

Veterans Affairs to locate and readjudicate a claim described in

this subsection."

EFFECTIVE DATE

Section effective Sept. 1, 1989, see section 401(a) of Pub. L.

100-687, set out as a note under section 7251 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7261 of this title.

-End-

-CITE-

38 USC Sec. 5108 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I - CLAIMS

-HEAD-

Sec. 5108. Reopening disallowed claims

-STATUTE-

If new and material evidence is presented or secured with respect

to a claim which has been disallowed, the Secretary shall reopen

the claim and review the former disposition of the claim.

-SOURCE-

(Added Pub. L. 100-687, div. A, title I, Sec. 103(a)(1), Nov. 18,

1988, 102 Stat. 4107, Sec. 3008; renumbered Sec. 5108, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub.

L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3008 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator".

EFFECTIVE DATE

Section effective Sept. 1, 1989, see section 401(a) of Pub. L.

100-687, set out as a note under section 7251 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5103A, 7104 of this

title.

-End-

-CITE-

38 USC Sec. 5109 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I - CLAIMS

-HEAD-

Sec. 5109. Independent medical opinions

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 100-687, div. A, title I, Sec. 103(a)(1), Nov. 18,

1988, 102 Stat. 4107, Sec. 3009; renumbered Sec. 5109, Pub. L.

102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub.

L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105

Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3009 of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" wherever appearing.

Subsecs. (b), (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" wherever appearing.

EFFECTIVE DATE

Section effective Sept. 1, 1989, see section 401(a) of Pub. L.

100-687, set out as a note under section 7251 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5701 of this title.

-End-

-CITE-

38 USC Sec. 5109A 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I - CLAIMS

-HEAD-

Sec. 5109A. Revision of decisions on grounds of clear and

unmistakable error

-STATUTE-

(a) A decision by the Secretary under this chapter is subject to

revision on the grounds of clear and unmistakable error. If

evidence establishes the error, the prior decision shall be

reversed or revised.

(b) For the purposes of authorizing benefits, a rating or other

adjudicative decision that constitutes a reversal or revision of a

prior decision on the grounds of clear and unmistakable error has

the same effect as if the decision had been made on the date of the

prior decision.

(c) Review to determine whether clear and unmistakable error

exists in a case may be instituted by the Secretary on the

Secretary's own motion or upon request of the claimant.

(d) A request for revision of a decision of the Secretary based

on clear and unmistakable error may be made at any time after that

decision is made.

(e) Such a request shall be submitted to the Secretary and shall

be decided in the same manner as any other claim.

-SOURCE-

(Added Pub. L. 105-111, Sec. 1(a)(1), Nov. 21, 1997, 111 Stat.

2271.)

-MISC1-

EFFECTIVE DATE

Section 1(c)(1) of Pub. L. 105-111 provided that: "Sections 5109A

and 7111 of title 38, United States Code, as added by this section,

apply to any determination made before, on, or after the date of

the enactment of this Act [Nov. 21, 1997]."

-End-

-CITE-

38 USC SUBCHAPTER II - EFFECTIVE DATES 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER II - EFFECTIVE DATES

-HEAD-

SUBCHAPTER II - EFFECTIVE DATES

-End-

-CITE-

38 USC Sec. 5110 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER II - EFFECTIVE DATES

-HEAD-

Sec. 5110. Effective dates of awards

-STATUTE-

(a) Unless specifically provided otherwise in this chapter, the

effective date of an award based on an original claim, a claim

reopened after final adjudication, or a claim for increase, 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.

(b)(1) The effective date of an award of disability compensation

to a veteran shall be the day following the date of the veteran's

discharge or release if application therefor is received within one

year from such date of discharge or release.

(2) The effective date of an award of increased compensation

shall be the earliest date as of which it is ascertainable that an

increase in disability had occurred, if application is received

within one year from such date.

(3)(A) The effective date of an award of disability pension to a

veteran described in subparagraph (B) of this paragraph shall be

the date of application or the date on which the veteran became

permanently and totally disabled, if the veteran applies for a

retroactive award within one year from such date, whichever is to

the advantage of the veteran.

(B) A veteran referred to in subparagraph (A) of this paragraph

is a veteran who is permanently and totally disabled and who is

prevented by a disability from applying for disability pension for

a period of at least 30 days beginning on the date on which the

veteran became permanently and totally disabled.

(c) The effective date of an award of disability compensation by

reason of section 1151 of this title shall be the date such injury

or aggravation was suffered if an application therefor is received

within one year from such date.

(d)(1) The effective date of an award of death compensation or

dependency and indemnity compensation for which application is

received within one year from the date of death shall be the first

day of the month in which the death occurred.

(2) The effective date of an award of death pension for which

application is received within 45 days from the date of death shall

be the first day of the month in which the death occurred.

(e)(1) Except as provided in paragraph (2) of this subsection,

the effective date of an award of dependency and indemnity

compensation to a child shall be the first day of the month in

which the child's entitlement arose if application therefor is

received within one year from such date.

(2) In the case of a child who is eighteen years of age or over

and who immediately before becoming eighteen years of age was

counted under section 1311(b) of this title in determining the

amount of the dependency and indemnity compensation of a surviving

spouse, the effective date of an award of dependency and indemnity

compensation to such child shall be the date the child attains the

age of eighteen years if application therefor is received within

one year from such date.

(f) An award of additional compensation on account of dependents

based on the establishment of a disability rating in the percentage

evaluation specified by law for the purpose shall be payable from

the effective date of such rating; but only if proof of dependents

is received within one year from the date of notification of such

rating action.

(g) Subject to the provisions of section 5101 of this title,

where compensation, dependency and indemnity compensation, or

pension is awarded or increased pursuant to any Act or

administrative issue, the effective date of such award or increase

shall be fixed in accordance with the facts found but shall not be

earlier than the effective date of the Act or administrative issue.

In no event shall such award or increase be retroactive for more

than one year from the date of application therefor or the date of

administrative determination of entitlement, whichever is earlier.

(h) Where an award of pension has been deferred or pension has

been awarded at a rate based on anticipated income for a year and

the claimant later establishes that income for that year was at a

rate warranting entitlement or increased entitlement, the effective

date of such entitlement or increase shall be fixed in accordance

with the facts found if satisfactory evidence is received before

the expiration of the next calendar year.

(i) Whenever any disallowed claim is reopened and thereafter

allowed on the basis of new and material evidence resulting from

the correction of the military records of the proper service

department under section 1552 of title 10, or the change,

correction, or modification of a discharge or dismissal under

section 1553 of title 10, or from other corrective action by

competent authority, the effective date of commencement of the

benefits so awarded shall be the date on which an application was

filed for correction of the military record or for the change,

modification, or correction of a discharge or dismissal, as the

case may be, or the date such disallowed claim was filed, whichever

date is the later, but in no event shall such award of benefits be

retroactive for more than one year from the date of reopening of

such disallowed claim. This subsection shall not apply to any

application or claim for Government life insurance benefits.

(j) Where a report or a finding of death of any person in the

active military, naval, or air service has been made by the

Secretary concerned, the effective date of an award of death

compensation, dependency and indemnity compensation, or death

pension, as applicable, shall be the first day of the month fixed

by that Secretary as the month of death in such report or finding,

if application therefor is received within one year from the date

such report or finding has been made; however, such benefits shall

not be payable to any person for any period for which such person

has received, or was entitled to receive, an allowance, allotment,

or service pay of the deceased.

(k) The effective date of the award of benefits to a surviving

spouse or of an award or increase of benefits based on recognition

of a child, upon annulment of a marriage shall be the date the

judicial decree of annulment becomes final if a claim therefor is

filed within one year from the date the judicial decree of

annulment becomes final; in all other cases the effective date

shall be the date the claim is filed.

(l) The effective date of an award of benefits to a surviving

spouse based upon a termination of a remarriage by death or

divorce, or of an award or increase of benefits based on

recognition of a child upon termination of the child's marriage by

death or divorce, shall be the date of death or the date the

judicial decree or divorce becomes final, if an application

therefor is received within one year from such termination.

[(m) Repealed. Pub. L. 103-446, title XII, Sec. 1201(i)(8), Nov.

2, 1994, 108 Stat. 4688.]

(n) The effective date of the award of any benefit or any

increase therein by reason of marriage or the birth or adoption of

a child shall be the date of such event if proof of such event is

received by the Secretary within one year from the date of the

marriage, birth, or adoption.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1226, Sec. 3010; Pub. L.

87-674, Sec. 3, Sept. 19, 1962, 76 Stat. 558; Pub. L. 87-825, Sec.

1, Oct. 15, 1962, 76 Stat. 948; Pub. L. 91-376, Sec. 7, Aug. 12,

1970, 84 Stat. 790; Pub. L. 91-584, Sec. 13, Dec. 24, 1970, 84

Stat. 1578; Pub. L. 93-177, Sec. 6(a), Dec. 6, 1973, 87 Stat. 696;

Pub. L. 93-527, Sec. 9(b), Dec. 21, 1974, 88 Stat. 1705; Pub. L.

94-71, title I, Sec. 104, Aug. 5, 1975, 89 Stat. 396; Pub. L.

97-66, title II, Sec. 204(b), Oct. 17, 1981, 95 Stat. 1029; Pub. L.

98-160, title VII, Sec. 703(1), Nov. 21, 1983, 97 Stat. 1010; Pub.

L. 98-223, title II, Sec. 213(3), Mar. 2, 1984, 98 Stat. 46; Pub.

L. 98-369, div. B, title V, Sec. 2501(a), July 18, 1984, 98 Stat.

1116; Pub. L. 99-576, title VII, Sec. 701(63), Oct. 28, 1986, 100

Stat. 3296; renumbered Sec. 5110 and amended Pub. L. 102-40, title

IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub.

L. 102-83, Secs. 4(a)(2)(A)(vi), (b)(4)(B), 5(c)(1), Aug. 6, 1991,

105 Stat. 403, 405, 406; Pub. L. 103-446, title XII, Sec.

1201(i)(8), Nov. 2, 1994, 108 Stat. 4688.)

-MISC1-

AMENDMENTS

1994 - Subsec. (m). Pub. L. 103-446 struck out subsec. (m) which

read as follows: "The effective date of an award of benefits to a

surviving spouse based upon termination of actions described in

section 103(d)(3) of this title shall not be earlier than the date

of receipt of application therefor filed after termination of such

actions and after December 31, 1970."

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3010 of

this title as this section.

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1151" for

"351".

Subsec. (e)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1311(b)" for "411(b)".

Subsec. (g). Pub. L. 102-40, Sec. 402(d)(1), substituted "5101"

for "3001".

Subsec. (j). Pub. L. 102-83, Sec. 4(b)(4)(B), substituted "that

Secretary" for "the Secretary" after "month fixed by".

Subsec. (n). Pub. L. 102-83, Sec. 4(a)(2)(A)(vi), substituted

"Secretary" for "Veterans' Administration".

1986 - Subsec. (b)(1). Pub. L. 99-576 substituted "the veteran's"

for "his".

1984 - Subsec. (b)(3)(A). Pub. L. 98-369, Sec. 2501(a)(1),

designated existing provisions as subpar. (A), inserted "described

in subparagraph (B) of this paragraph" after "to a veteran",

substituted "the veteran applies for a retroactive award" for "an

application therefor is received", and added subpar. (B).

Subsec. (d). Pub. L. 98-369, Sec. 2501(a)(2), designated existing

provisions as par. (1), substituted "dependency and indemnity

compensation for which application is received" for ", dependency

and indemnity compensation, or death pension, where application is

received", and added par. (2).

Subsec. (m). Pub. L. 98-223 substituted "section" for

"subsection".

1983 - Subsecs. (k) to (m). Pub. L. 98-160 substituted "surviving

spouse" for "widow" wherever appearing.

1981 - Subsec. (e). Pub. L. 97-66 designated existing provisions

as par. (1), substituted "Except as provided in paragraph (2) of

this subsection, the" for "The", and added par. (2).

1975 - Subsec. (b)(2), (3). Pub. L. 94-71 added par. (2) and

redesignated former par. (2) as (3).

1974 - Subsec. (l). Pub. L. 93-527 inserted provisions relating

to an award or increase of benefits based on recognition of a child

upon termination of the child's marriage by death or divorce.

1973 - Subsec. (b). Pub. L. 93-177 designated existing provisions

as par. (1) and added par. (2).

1970 - Subsecs. (l), (m). Pub. L. 91-376 added subsecs. (l) and

(m).

Subsec. (n). Pub. L. 91-584 added subsec. (n).

1962 - Subsec. (a). Pub. L. 87-825 inserted "based on an original

claim, a claim reopened after final adjudication, or a claim for

increase".

Subsec. (c). Pub. L. 87-825 added subsec. (c). Former subsec. (c)

redesignated (d).

Subsec. (d). Pub. L. 87-825 redesignated former subsec. (c) as

(d) and substituted first day of month in which the death occurred,

for the day after the day of death, as the effective date. Former

subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 87-825 redesignated former subsec. (d) as

(e), substituted "first day of the month" for "date", and struck

out "the entitlement arose" after "from such date." Former subsec.

(e) redesignated (j).

Subsec. (f). Pub. L. 87-825 added subsec. (f). A prior subsec.

(f) added by Pub. L. 87-674 was redesignated (k) by Pub. L. 87-825.

Subsecs. (g) to (i). Pub. L. 87-825 added subsecs. (g) to (i).

Subsec. (j). Pub. L. 87-825 redesignated former subsec. (e) as

(j), and substituted "first day of the month" for "day after the

date", and "month of death" for "date of death".

Subsec. (k). Pub. L. 87-825 redesignated former subsec. (f),

added by Pub. L. 87-674, as (k).

EFFECTIVE DATE OF 1984 AMENDMENT

Section 2501(b) of Pub. L. 98-369 provided that: "The amendments

made by subsection (a)(1) [amending this section] and the

provisions of paragraph (2) of section 3010(d) [now 5110(d)] of

title 38, United States Code, as added by subsection (a)(2), shall

take effect with respect to applications that are first received

after September 30, 1984, for benefits under chapter 15 of title

38, United States Code."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section

701(a) of Pub. L. 97-66, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section

301 of Pub. L. 94-71, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section

10 of Pub. L. 93-527, set out as a note under section 1521 of this

title.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 6(b) of Pub. L. 93-177 provided that: "Subsection (a) of

this section [amending this section] shall apply to applications

filed after its effective date [Jan. 1, 1974], but in no event

shall an award made thereunder be effective prior to such effective

date."

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-376 effective Jan. 1, 1971, see section 9

of Pub. L. 91-376, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-825 effective first day of second

calendar month which begins after Oct. 15, 1962, see section 7 of

Pub. L. 87-825, set out as a note under section 110 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1822, 5111, 5310, 6103 of

this title.

-End-

-CITE-

38 USC Sec. 5111 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER II - EFFECTIVE DATES

-HEAD-

Sec. 5111. Commencement of period of payment

-STATUTE-

(a) Notwithstanding section 5110 of this title or any other

provision of law and except as provided in subsection (c) of this

section, payment of monetary benefits based on an award or an

increased award of compensation, dependency and indemnity

compensation, or pension may not be made to an individual for any

period before the first day of the calendar month following the

month in which the award or increased award became effective as

provided under section 5110 of this title or such other provision

of law.

(b)(1) Except as provided in paragraph (2) of this subsection,

during the period between the effective date of an award or

increased award as provided under section 5110 of this title or

other provision of law and the commencement of the period of

payment based on such award as provided under subsection (a) of

this section, an individual entitled to receive monetary benefits

shall be deemed to be in receipt of such benefits for the purpose

of all laws administered by the Secretary.

(2) If any person who is in receipt of retired or retirement pay

would also be eligible to receive compensation or pension upon the

filing of a waiver of such pay in accordance with section 5305 of

this title, such waiver shall not become effective until the first

day of the month following the month in which such waiver is filed,

and nothing in this section shall prohibit the receipt of retired

or retirement pay for any period before such effective date.

(c)(1) This section shall apply to payments made pursuant to

section 5310 of this title only if the monthly amount of dependency

and indemnity compensation or pension payable to the surviving

spouse is greater than the amount of compensation or pension the

veteran would have received, but for such veteran's death, for the

month in which such veteran's death occurred.

(2) In the case of a temporary increase in compensation for

hospitalization or treatment where such hospitalization or

treatment commences and terminates within the same calendar month,

the period of payment shall commence on the first day of such

month.

(d) For the purposes of this section, the term "award or

increased award" means -

(1) an original or reopened award; or

(2) an award that is increased because of an added dependent,

increase in disability or disability rating, or reduction in

income.

-SOURCE-

(Added Pub. L. 97-253, title IV, Sec. 401(a)(1), Sept. 8, 1982, 96

Stat. 801, Sec. 3011; amended Pub. L. 98-223, title I, Sec. 113,

Mar. 2, 1984, 98 Stat. 40; renumbered Sec. 5111 and amended Pub. L.

102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat.

238, 239; Pub. L. 102-83, Sec. 4(a)(1), Aug. 6, 1991, 105 Stat.

403.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3011 of

this title as this section.

Subsec. (a). Pub. L. 102-40, Sec. 402(d)(1), substituted "5110"

for "3010" in two places.

Subsec. (b)(1). Pub. L. 102-83 substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Pub. L. 102-40, Sec. 402(d)(1), substituted "5110" for "3010".

Subsec. (b)(2). Pub. L. 102-40, Sec. 402(d)(1), substituted

"5305" for "3105".

Subsec. (c)(1). Pub. L. 102-40, Sec. 402(d)(1), substituted

"5310" for "3110".

1984 - Subsec. (c). Pub. L. 98-223 designated existing provisions

as par. (1) and added par. (2).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-223 effective Oct. 1, 1983, see section

114 of Pub. L. 98-223, set out as a note under section 1112 of this

title.

EFFECTIVE DATE

Section 401(b) of Pub. L. 97-253 provided that: "Section 3011

[now 5111] of title 38, United States Code, as added by subsection

(a), shall apply to awards and increased awards the effective dates

of which are after September 30, 1982."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1822 of this title.

-End-

-CITE-

38 USC Sec. 5112 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER II - EFFECTIVE DATES

-HEAD-

Sec. 5112. Effective dates of reductions and discontinuances

-STATUTE-

(a) Except as otherwise specified in this section, the effective

date of reduction or discontinuance of compensation, dependency and

indemnity compensation, or pension shall be fixed in accordance

with the facts found.

(b) The effective date of a reduction or discontinuance of

compensation, dependency and indemnity compensation, or pension -

(1) by reason of marriage or remarriage, or death of a payee

shall be the last day of the month before such marriage,

remarriage, or death occurs;

(2) by reason of marriage, annulment, divorce, or death of a

dependent of a payee shall be the last day of the month in which

such marriage, annulment, divorce, or death occurs;

(3) by reason of receipt of active service pay or retirement

pay shall be the day before the date such pay began;

(4) by reason of -

(A) change in income shall (except as provided in section

5312 of this title) be the last day of the month in which the

change occurred; and

(B) change in corpus of estate shall be the last day of the

calendar year in which the change occurred;

(5) by reason of a change in disability or employability of a

veteran in receipt of pension shall be the last day of the month

in which discontinuance of the award is approved;

(6) by reason of change in law or administrative issue, change

in interpretation of a law or administrative issue, or, for

compensation purposes, a change in service-connected or

employability status or change in physical condition shall be the

last day of the month following sixty days from the date of

notice to the payee (at the payee's last address of record) of

the reduction or discontinuance;

(7) by reason of the discontinuance of school attendance of a

payee or a dependent of a payee shall be the last day of the

month in which such discontinuance occurred;

(8) by reason of termination of a temporary increase in

compensation for hospitalization or treatment shall be the last

day of the month in which the hospital discharge or termination

of treatment occurred, whichever is earlier;

(9) by reason of an erroneous award based on an act of

commission or omission by the beneficiary, or with the

beneficiary's knowledge, shall be the effective date of the

award; and

(10) by reason of an erroneous award based solely on

administrative error or error in judgment shall be the date of

last payment.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1227, Sec. 3012; Pub. L.

87-825, Sec. 2, Oct. 15, 1962, 76 Stat. 949; Pub. L. 89-730, Sec.

3, Nov. 2, 1966, 80 Stat. 1159; Pub. L. 90-275, Sec. 5, Mar. 28,

1968, 82 Stat. 68; Pub. L. 92-198, Sec. 3, Dec. 15, 1971, 85 Stat.

664; Pub. L. 94-433, title IV, Sec. 402, Sept. 30, 1976, 90 Stat.

1378; Pub. L. 95-588, title III, Sec. 303, Nov. 4, 1978, 92 Stat.

2506; Pub. L. 97-253, title IV, Sec. 402(a), Sept. 8, 1982, 96

Stat. 802; Pub. L. 99-576, title V, Sec. 503, title VII, Sec.

701(64), Oct. 28, 1986, 100 Stat. 3286, 3296; renumbered Sec. 5112

and amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May

7, 1991, 105 Stat. 238, 239; Pub. L. 107-103, title II, Sec.

204(b)(2), Dec. 27, 2001, 115 Stat. 990.)

-MISC1-

AMENDMENTS

2001 - Subsec. (c). Pub. L. 107-103 struck out subsec. (c) which

read as follows: "The effective date of a discontinuance under

section 5503(b)(1)(A) of this title of pension, compensation, or

emergency officers' retirement pay by reason of hospital treatment

or institutional or domiciliary care shall be the last day of the

first month of such treatment or care during which the value of the

veteran's estate, as determined under such section, equals or

exceeds $1,500."

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3012 of

this title as this section.

Subsec. (b)(4)(A). Pub. L. 102-40, Sec. 402(d)(1), substituted

"5312" for "3112".

Subsec. (c). Pub. L. 102-40, Sec. 402(d)(1), substituted

"5503(b)(1)(A)" for "3203(b)(1)(A)".

1986 - Subsec. (b)(6). Pub. L. 99-576, Sec. 701(64), substituted

"the payee's" for "his".

Subsec. (c). Pub. L. 99-576, Sec. 503, added subsec. (c).

1982 - Subsec. (b)(2). Pub. L. 97-253 substituted "month" for

"calendar year".

1978 - Subsec. (b)(4). Pub. L. 95-588 restructured subsection

and, as so restructured, provided that the effective date of a

change in compensation by reason of a change in income would be the

last day of the month in which the change occurred rather than the

last day in the calendar year in which such change in income

occurred.

1976 - Subsec. (b)(2). Pub. L. 94-433, Sec. 402(1), inserted

"annulment," before "divorce" in two places.

Subsec. (b)(9). Pub. L. 94-433, Sec. 402(2), substituted "the

beneficiary's" for "his" before "knowledge".

1971 - Subsec. (b)(2). Pub. L. 92-198 substituted "last day of

the calendar year" for "last day of the month".

1968 - Subsec. (b)(4). Pub. L. 90-275 struck out exception which

provided that where change in income is due to an increase in

payments under a public or private retirement plan the effective

date of the resulting reduction or discontinuance shall be the last

day of the calendar year in which the change occurred.

1966 - Subsec. (b)(4). Pub. L. 89-730 provided for exception that

where change in income is due to an increase in payments under a

public or private retirement plan the effective date of the

resulting reduction or discontinuance shall be the last day of the

calendar year in which the change occurred.

1962 - Subsecs. (b), (c). Pub. L. 87-825 redesignated subsec. (c)

as (b), amended such subsec. generally, and among other changes,

inserted provisions relating to the marriage, divorce, or death of

a dependent of a payee, the change in income or corpus of an

estate, the change in disability or employability of a veteran, the

change in law or administrative issue of service-connected or

employability status or physical condition, the discontinuance of

school attendance, the termination of a temporary increase in

compensation for hospitalization or treatment, an erroneous award

based on an act or omission of the beneficiary or with his

knowledge, and an erroneous award based solely on administrative

error or error in judgment, changed the effective date by reason of

death, or by reason of marriage or remarriage, from the date of

death, or the day before the date of marriage or remarriage,

respectively, to the last day of the month before such death,

marriage or remarriage occurs, and eliminated provisions relating

to attaining age 18 or 21, as applicable, and to fraud on the part

of the beneficiary or with his knowledge. Former subsec. (b), which

related to the effective date of a reduction or discontinuance in

rates, of a compensation, dependency and indemnity compensation, or

a pension award, was struck out.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 402(b) of Pub. L. 97-253 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to any marriage, annulment, divorce, or death that occurs

after September 30, 1982."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section

401 of Pub. L. 95-588, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6

of Pub. L. 92-198, set out as a note under section 1521 of this

title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-275 effective first day of first calendar

month following month of initial payment of increases in monthly

insurance benefits provided by Social Security Amendments of 1967,

see section 6(b) of Pub. L. 90-275, set out as a note under section

1521 of this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-730 effective first day of second

calendar month following Nov. 2, 1966, see section 7(a) of Pub. L.

89-730, set out as a note under section 1315 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-825 effective first day of second

calendar month which begins after Oct. 15, 1962, see section 7 of

Pub. L. 87-825, set out as a note under section 110 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1822, 5310 of this title.

-End-

-CITE-

38 USC Sec. 5113 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER II - EFFECTIVE DATES

-HEAD-

Sec. 5113. Effective dates of educational benefits

-STATUTE-

(a) Except as provided in subsections (b) and (c), effective

dates relating to awards under chapters 30, 31, 32, 34, and 35 of

this title or chapter 106 of title 10 shall, to the extent

feasible, correspond to effective dates relating to awards of

disability compensation.

(b)(1) When determining the effective date of an award under

chapter 35 of this title for an individual described in paragraph

(2) based on an original claim, the Secretary may consider the

individual's application as having been filed on the eligibility

date of the individual if that eligibility date is more than one

year before the date of the initial rating decision.

(2) An individual referred to in paragraph (1) is an eligible

person who -

(A) submits to the Secretary an original application for

educational assistance under chapter 35 of this title within one

year of the date that the Secretary makes the rating decision;

(B) claims such educational assistance for pursuit of an

approved program of education during a period preceding the

one-year period ending on the date on which the application was

received by the Secretary; and

(C) would have been entitled to such educational assistance for

such course pursuit if the individual had submitted such an

application on the individual's eligibility date.

(3) In this subsection:

(A) The term "eligibility date" means the date on which an

individual becomes an eligible person.

(B) The term "eligible person" has the meaning given that term

under section 3501(a)(1) of this title under subparagraph (A)(i),

(A)(ii), (B), or (D) of such section by reason of either (i) the

service-connected death or (ii) service-connected total

disability permanent in nature of the veteran from whom such

eligibility is derived.

(C) The term "initial rating decision" means with respect to an

eligible person a decision made by the Secretary that establishes

(i) service connection for such veteran's death or (ii) the

existence of such veteran's service-connected total disability

permanent in nature, as the case may be.

(c) The effective date of an adjustment of benefits under any

chapter referred to in subsection (a) of this section, if made on

the basis of a certification made by the veteran or person and

accepted by the Secretary under section 3680(g) of this title,

shall be the date of the change.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1227, Sec. 3013; Pub. L.

89-358, Sec. 4(p), Mar. 3, 1966, 80 Stat. 25; Pub. L. 99-576, title

III, Sec. 321(10), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100-322,

title III, Sec. 323, May 20, 1988, 102 Stat. 536; Pub. L. 101-237,

title IV, Sec. 419, Dec. 18, 1989, 103 Stat. 2087; Pub. L. 102-16,

Sec. 10(a)(9), Mar. 22, 1991, 105 Stat. 56; renumbered Sec. 5113,

Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat.

238; Pub. L. 102-83, Sec. 5(c)(1), Aug. 6, 1991, 105 Stat. 406;

Pub. L. 106-419, title I, Sec. 113(a), Nov. 1, 2000, 114 Stat.

1832.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-419, Sec. 113(a)(2), substituted

"subsections (b) and (c)" for "subsection (b) of this section".

Subsecs. (b), (c). Pub. L. 106-419, Sec. 113(a)(1), (3), added

subsec. (b) and redesignated former subsec. (b) as (c).

1991 - Pub. L. 102-40 renumbered section 3013 of this title as

this section.

Subsec. (a). Pub. L. 102-16 inserted "or chapter 106 of title 10"

after "of this title".

Subsec. (b). Pub. L. 102-83 substituted "3680(g)" for "1780(g)".

1989 - Pub. L. 101-237 designated existing provisions as subsec.

(a), substituted "Except as provided in subsection (b) of this

section, effective" for "Effective", and added subsec. (b).

1988 - Pub. L. 100-322 inserted reference to chapter 32.

1986 - Pub. L. 99-576 inserted reference to chapter 30.

1966 - Pub. L. 89-358 substituted "34" for "33".

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-419, title I, Sec. 113(b), Nov. 1, 2000, 114 Stat.

1832, provided that: "The amendments made by subsection (a)

[amending this section] shall apply to applications first made

under section 3513 of title 38, United States Code, that -

"(1) are received on or after the date of the enactment of this

Act [Nov. 1, 2000]; or

"(2) on the date of the enactment of this Act, are pending (A)

with the Secretary of Veterans Affairs, or (B) exhaustion of

available administrative and judicial remedies."

-End-

-CITE-

38 USC SUBCHAPTER III - PAYMENT OF BENEFITS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER III - PAYMENT OF BENEFITS

-HEAD-

SUBCHAPTER III - PAYMENT OF BENEFITS

-End-

-CITE-

38 USC Sec. 5120 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER III - PAYMENT OF BENEFITS

-HEAD-

Sec. 5120. Payment of benefits; delivery

-STATUTE-

(a) Monetary benefits under laws administered by the Secretary

shall be paid by checks drawn, pursuant to certification by the

Secretary, in such form as to protect the United States against

loss, and payable by the Treasurer of the United States. Such

checks shall be payable without separate vouchers or receipts

except in any case in which the Secretary may consider a voucher

necessary for the protection of the Government. Such checks shall

be transmitted by mail to the payee thereof at the payee's last

known address and, if the payee has moved and filed a regular

change of address notice with the United States Postal Service,

shall be forwarded to the payee. The envelope or cover of each such

checks shall bear on the face thereof the following notice:

"POSTMASTER: PLEASE FORWARD if addressee has moved and filed a

regular change-of-address notice. If addressee is deceased, return

the letter with date of death, if known."

(b) Postmasters, delivery clerks, letter carriers, and all other

postal employees are prohibited from delivering any mail addressed

by the United States and containing any such check to any person

whomsoever if such person has died or in the case of a surviving

spouse, if the postal employee believes that the surviving spouse

has remarried (unless the mail is addressed to the surviving spouse

in the name the surviving spouse has acquired by the remarriage).

The preceding sentence shall apply in the case of checks in payment

of benefits other than pension, compensation, dependency and

indemnity compensation, and insurance, only insofar as the

Secretary deems it necessary to protect the United States against

loss.

(c) Whenever mail is not delivered because of the prohibition of

subsection (b), such mail shall be returned forthwith by the

postmaster with a statement of the reason for so doing, and if

because of death or remarriage, the date thereof, if known. Checks

returned under this subsection because of death or remarriage shall

be canceled.

(d) Notwithstanding subsection (a) of this section, pursuant to

an agreement with the Department of the Treasury under which the

Secretary certifies such benefits for payment, monetary benefits

under laws administered by the Secretary may be paid other than by

check upon the written request of the person to whom such benefits

are to be paid, if such noncheck payment is determined by the

Secretary to be in the best interest of such payees and the

management of monetary benefits programs by the Department.

(e) Whenever the first day of any calendar month falls on a

Saturday, Sunday, or legal public holiday (as defined in section

6103 of title 5), the Secretary shall, to the maximum extent

practicable, certify benefit payments for such month in such a way

that such payments will be delivered by mail, or transmitted for

credit to the payee's account pursuant to subsection (d) of this

section, on the Friday immediately preceding such Saturday or

Sunday, or in the case of a legal holiday, the weekday (other than

Saturday) immediately preceding such legal public holiday,

notwithstanding that such delivery or transmission of such payments

is made in the same calendar month for which such payments are

issued.

(f)(1) In the case of a payee who does not have a mailing

address, payments of monetary benefits under laws administered by

the Secretary shall be delivered under an appropriate method

prescribed pursuant to paragraph (2) of this subsection.

(2) The Secretary shall prescribe an appropriate method or

methods for the delivery of payments of monetary benefits under

laws administered by the Secretary in cases described in paragraph

(1) of this subsection. To the maximum extent practicable, such

method or methods shall be designed to ensure the delivery of

payments in such cases.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1227, Sec. 3020; Pub. L.

95-117, title IV, Sec. 402(a), (b)(1), Oct. 3, 1977, 91 Stat. 1065,

1066; Pub. L. 97-295, Sec. 4(73), Oct. 12, 1982, 96 Stat. 1310;

Pub. L. 99-570, title XI, Sec. 11007(a)(2), Oct. 27, 1986, 100

Stat. 3207-170; Pub. L. 99-576, title VII, Sec. 701(65), Oct. 28,

1986, 100 Stat. 3296; renumbered Sec. 5120, Pub. L. 102-40, title

IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-83,

Sec. 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.

403-405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3020 of this title as

this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in two places.

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" before period at end.

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Subsec. (f)(1). Pub. L. 102-83, Sec. 4(a)(1), substituted

"administered by the Secretary" for "administered by the Veterans'

Administration".

Subsec. (f)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration".

1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(65)(A), substituted

"the payee's" for "his", and "the payee" for "he" and "him" in

third sentence.

Subsec. (b). Pub. L. 99-576, Sec. 701(65)(B), substituted "such

person" for "he", "surviving spouse" for "widow", "the surviving

spouse" for "she" in two places, "to the surviving spouse" for "to

her", and "by the" for "by her" in first sentence.

Subsec. (f). Pub. L. 99-570 added subsec. (f).

1982 - Subsec. (a). Pub. L. 97-295 substituted "United States

Postal Service" for "Post Office Department".

1977 - Pub. L. 95-117, Sec. 402(b)(1), struck out "by check"

after "benefits" in section catchline.

Subsecs. (d), (e). Pub. L. 95-117, Sec. 402(a), added subsecs.

(d) and (e).

EFFECTIVE DATE OF 1986 AMENDMENT

Section 11007(b)(2) of Pub. L. 99-570 provided that: "The

amendment made by subsection (a)(2) [amending this section] shall

take effect with respect to payments made on or after October 1,

1986."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 402(c) of Pub. L. 95-117 provided that: "The amendments

made by this section [amending this section] shall be effective on

the date of enactment of this Act [Oct. 3, 1977]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 3332.

-End-

-CITE-

38 USC Sec. 5121 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER III - PAYMENT OF BENEFITS

-HEAD-

Sec. 5121. Payment of certain accrued benefits upon death of a

beneficiary

-STATUTE-

(a) Except as provided in sections 3329 and 3330 of title 31,

periodic monetary benefits (other than insurance and servicemen's

indemnity) under laws administered by the Secretary to which an

individual was entitled at death under existing ratings or

decisions, or those based on evidence in the file at date of death

(hereinafter in this section and section 5122 of this title

referred to as "accrued benefits") and due and unpaid for a period

not to exceed two years, shall, upon the death of such individual

be paid as follows:

(1) Upon the death of a person receiving an apportioned share

of benefits payable to a veteran, all or any part of such

benefits to the veteran or to any other dependent or dependents

of the veteran, as may be determined by the Secretary;

(2) Upon the death of a veteran, to the living person first

listed below:

(A) The veteran's spouse;

(B) The veteran's children (in equal shares);

(C) The veteran's dependent parents (in equal shares);

(3) Upon the death of a surviving spouse or remarried surviving

spouse, to the children of the deceased veteran;

(4) Upon the death of a child, to the surviving children of the

veteran who are entitled to death compensation, dependency and

indemnity compensation, or death pension; and

(5) In all other cases, only so much of the accrued benefits

may be paid as may be necessary to reimburse the person who bore

the expense of last sickness and burial.

(b) No part of any accrued benefits shall be used to reimburse

any political subdivision of the United States for expenses

incurred in the last sickness or burial of any beneficiary.

(c) Applications for accrued benefits must be filed within one

year after the date of death. If a claimant's application is

incomplete at the time it is originally submitted, the Secretary

shall notify the claimant of the evidence necessary to complete the

application. If such evidence is not received within one year from

the date of such notification, no accrued benefits may be paid.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1228, Sec. 3021; Pub. L.

92-328, title I, Sec. 105(b), June 30, 1972, 86 Stat. 395; Pub. L.

97-258, Sec. 3(k)(4), Sept. 13, 1982, 96 Stat. 1065; Pub. L.

98-160, title VII, Sec. 703(1), Nov. 21, 1983, 97 Stat. 1010; Pub.

L. 99-576, title VII, Sec. 701(66), Oct. 28, 1986, 100 Stat. 3296;

renumbered Sec. 5121 and amended Pub. L. 102-40, title IV, Sec.

402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83,

Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405; Pub.

L. 104-275, title V, Sec. 507, Oct. 9, 1996, 110 Stat. 3343; Pub.

L. 107-14, Sec. 8(a)(16), June 5, 2001, 115 Stat. 35.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-14 substituted "hereinafter" for

"hereafter" in introductory provisions.

1996 - Subsec. (a). Pub. L. 104-275 substituted "two years" for

"one year" in introductory provisions.

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3021 of

this title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in par. (1).

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

Secretary" for "administered by the Veterans' Administration" in

introductory provisions.

Pub. L. 102-40, Sec. 402(d)(1), substituted "5122" for "3022" in

introductory provisions.

Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(66)(A), struck out

"his" after "entitled at".

Subsec. (a)(2)(A) to (C). Pub. L. 99-576, Sec. 701(66)(B),

substituted "The veteran's" for "His".

1983 - Subsec. (a)(3). Pub. L. 98-160 substituted "surviving

spouse" for "widow" in two places.

1982 - Subsec. (a). Pub. L. 97-258 substituted "sections 3329 and

3330 of title 31" for "sections 123-128 of title 31".

1972 - Subsec. (a). Pub. L. 92-328 struck out reference to

section 3203(a)(2)(A) of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-328 effective first day of second

calendar month which begins after June 30, 1972, see section 301(a)

of Pub. L. 92-328, set out as a note under section 1114 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5122, 5310 of this title.

-End-

-CITE-

38 USC Sec. 5122 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER III - PAYMENT OF BENEFITS

-HEAD-

Sec. 5122. Cancellation of checks mailed to deceased payees

-STATUTE-

A check received by a payee in payment of accrued benefits shall,

if the payee died on or after the last day of the period covered by

the check, be returned to the issuing office and canceled, unless

negotiated by the payee or the duly appointed representative of the

payee's estate. The amount represented by such check, or any amount

recovered by reason of improper negotiation of any such check,

shall be payable in the manner provided in section 5121 of this

title, without regard to section 5121(c) of this title. Any amount

not paid in the manner provided in section 5121 of this title shall

be paid to the estate of the deceased payee unless the estate will

escheat.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1229, Sec. 3022; Pub. L.

99-576, title VII, Sec. 701(67), Oct. 28, 1986, 100 Stat. 3296;

renumbered Sec. 5122 and amended Pub. L. 102-40, title IV, Sec.

402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L.

104-316, title II, Sec. 202(t), Oct. 19, 1996, 110 Stat. 3845.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-316 in last sentence struck out "upon

settlement by the General Accounting Office" after "shall be paid".

1991 - Pub. L. 102-40 renumbered section 3022 of this title as

this section and substituted "5121" for "3021" in two places and

"5121(c)" for "3021(c)".

1986 - Pub. L. 99-576 substituted "the payee's" for "his" in

first sentence.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5121 of this title.

-End-

-CITE-

38 USC Sec. 5123 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER III - PAYMENT OF BENEFITS

-HEAD-

Sec. 5123. Rounding down of pension rates

-STATUTE-

The monthly or other periodic rate of pension payable to an

individual under section 1521, 1541, or 1542 of this title or under

section 306(a) of the Veterans' and Survivors' Pension Improvement

Act of 1978 (Public Law 95-588), if not a multiple of $1, shall be

rounded down to the nearest dollar.

-SOURCE-

(Added Pub. L. 97-253, title IV, Sec. 403(a)(1), Sept. 8, 1982, 96

Stat. 802, Sec. 3023; renumbered Sec. 5123, Pub. L. 102-40, title

IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L.

102-83, Sec. 5(c)(1), Aug. 6, 1991, 105 Stat. 406.)

-REFTEXT-

REFERENCES IN TEXT

Section 306(a) of the Veterans' and Survivors' Pension

Improvement Act of 1978 (Public Law 95-588), referred to in text,

is section 306(a) of Pub. L. 95-588, title III, Nov. 4, 1978, 92

Stat. 2508, which is set out as a note under section 1521 of this

title.

-MISC1-

PRIOR PROVISIONS

Prior sections 5201 to 5228 were renumbered sections 8501 to 8528

of this title, respectively.

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 3023 of this title as

this section.

Pub. L. 102-83 substituted "1521, 1541, or 1542" for "521, 541,

or 542".

EFFECTIVE DATE

Section 403(b) of Pub. L. 97-253, as amended by Pub. L. 98-21,

title I, Sec. 111(e), Apr. 20, 1983, 97 Stat. 73; Pub. L. 98-369,

div. B, title VI, Sec. 2662(j), July 18, 1984, 98 Stat. 1160,

provided that:

"(1) Except as provided in paragraph (2), the amendment made by

subsection (a)(1) [enacting this section] shall apply with respect

to amounts payable for periods beginning after May 31, 1983.

"(2) In the cases of individuals to whom pension is payable under

sections 521, 541, and 542 [now 1521, 1541, and 1542] of title 38,

United States Code, the amendment made by subsection (a)(1) shall

take effect on the first day after May 31, 1983, that an increase

is made in maximum annual rates of pension pursuant to section 3112

[now 5312] of title 38, United States Code."

-End-

-CITE-

38 USC Sec. 5124 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER III - PAYMENT OF BENEFITS

-HEAD-

Sec. 5124. Acceptance of claimant's statement as proof of

relationship

-STATUTE-

(a) For purposes of benefits under laws administered by the

Secretary, the Secretary may accept the written statement of a

claimant as proof of the existence of any relationship specified in

subsection (b) for the purpose of acting on such individual's claim

for benefits.

(b) Subsection (a) applies to proof of the existence of any of

the following relationships between a claimant and another person:

(1) Marriage.

(2) Dissolution of a marriage.

(3) Birth of a child.

(4) Death of any family member.

(c) The Secretary may require the submission of documentation in

support of the claimant's statement if -

(1) the claimant does not reside within a State;

(2) the statement on its face raises a question as to its

validity;

(3) there is conflicting information of record; or

(4) there is reasonable indication, in the statement or

otherwise, of fraud or misrepresentation.

-SOURCE-

(Added Pub. L. 103-446, title III, Sec. 301(a), Nov. 2, 1994, 108

Stat. 4657.)

-End-

-CITE-

38 USC Sec. 5125 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER III - PAYMENT OF BENEFITS

-HEAD-

Sec. 5125. Acceptance of reports of private physician examinations

-STATUTE-

For purposes of establishing any claim for benefits under chapter

11 or 15 of this title, a report of a medical examination

administered by a private physician that is provided by a claimant

in support of a claim for benefits under that chapter may be

accepted without a requirement for confirmation by an examination

by a physician employed by the Veterans Health Administration if

the report is sufficiently complete to be adequate for the purpose

of adjudicating such claim.

-SOURCE-

(Added Pub. L. 103-446, title III, Sec. 301(b), Nov. 2, 1994, 108

Stat. 4658.)

-End-

-CITE-

38 USC Sec. 5126 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART IV - GENERAL ADMINISTRATIVE PROVISIONS

CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER III - PAYMENT OF BENEFITS

-HEAD-

Sec. 5126. Benefits not to be denied based on lack of mailing

address

-STATUTE-

Benefits under laws administered by the Secretary may not be

denied a claimant on the basis that the claimant does not have a

mailing address.

-SOURCE-

(Added Pub. L. 106-475, Sec. 3(b), Nov. 9, 2000, 114 Stat. 2098.)

-End-