38 USC 5103 - Notice to claimants of required information and evidence

U.S Code last checked for updates: Nov 23, 2024

§ 5103.

Notice to claimants of required information and evidence

(a)

Required Information and Evidence.—

(1)

Except as provided in paragraph (3), the Secretary shall provide to the claimant and the claimant’s representative, if any, by the most effective means available, including electronic communication or notification in writing, notice 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.

(2)

(A)

The Secretary shall prescribe in regulations requirements relating to the contents of notice to be provided under this subsection.

(B)

The regulations required by this paragraph—

(i)

shall specify different contents for notice based on whether the claim concerned is an original claim or a supplemental claim;

(ii)

shall provide that the contents for such notice be appropriate to the type of benefits or services sought under the claim;

(iii)

shall specify for each type of claim for benefits the general information and evidence required to substantiate the basic elements of such type of claim; and

(iv)

shall specify the time period limitations required pursuant to subsection (b).

(3)

The requirement to provide notice under paragraph (1) shall not apply with respect to a supplemental claim that is filed within the timeframe set forth in subparagraphs (B) and (D) of section 5110(a)(2) of this title.

(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, such information or evidence must be received by the Secretary within one year from the date such notice is sent.

(2)

This subsection shall not apply to any application or claim for Government life insurance benefits.

(3)

Nothing in paragraph (1) shall be construed to prohibit the Secretary from making a decision on a claim before the expiration of the period referred to in that subsection.

(4)

Nothing in this section shall require the Secretary to provide notice for a subsequent claim that is filed while a previous claim is pending if the notice previously provided for such pending claim—

(A)

provides sufficient notice of the information and evidence necessary to substantiate such subsequent claim; and

(B)

was sent within one year of the date on which the subsequent claim was filed.

(5)

(A)

This section shall not apply to any claim or issue where the Secretary may award the maximum benefit in accordance with this title based on the evidence of record.

(B)

For purposes of this paragraph, the term “maximum benefit” means the highest evaluation assignable in accordance with the evidence of record, as long as such evidence is adequate for rating purposes and sufficient to grant the earliest possible effective date in accordance with section 5110 of this title.

(Added Pub. L. 106–475, § 3(a), Nov. 9, 2000, 114 Stat. 2096; amended Pub. L. 107–14, § 8(a)(12), June 5, 2001, 115 Stat. 35; Pub. L. 108–183, title VII, § 701(b), Dec. 16, 2003, 117 Stat. 2670; Pub. L. 110–389, title I, § 101(a), Oct. 10, 2008, 122 Stat. 4147; Pub. L. 112–154, title V, § 504(a), Aug. 6, 2012, 126 Stat. 1191; Pub. L. 115–55, § 2(b), Aug. 23, 2017, 131 Stat. 1105.)

cite as: 38 USC 5103