Statutes, codes, and regulations
United States Code
Title 38 - VETERANS' BENEFITSPart IV - GENERAL ADMINISTRATIVE PROVISIONSChapter 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS
Subchapter I - CLAIMS
Section 5108 - Supplemental claims

38 U.S.C. § 5108

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Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 5108 - Supplemental claims
(a) IN GENERAL.-If new and relevant evidence is presented or secured with respect to a supplemental claim, the Secretary shall readjudicate the claim taking into consideration all of the evidence of record.
(b) DUTY TO ASSIST.-
(1) If a claimant, in connection with a supplemental claim, reasonably identifies existing records, whether or not in the custody of a Federal department or agency, the Secretary shall assist the claimant in obtaining the records in accordance with section 5103A of this title.
(2) Assistance under paragraph (1) shall not be predicated upon a finding that new and relevant evidence has been presented or secured.

38 U.S.C. § 5108

Added Pub. L. 100-687, div. A, title I, §103(a)(1), Nov. 18, 1988, 102 Stat. 4107, §3008; renumbered § 5108,Pub. L. 102-40, title IV, §402(b)(1)5108,, 105 Stat. 238; Pub. L. 102-83, §4(b)(1), (2) (E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 115-55, §2(i)(1), Aug. 23, 2017, 131 Stat. 1109.

EDITORIAL NOTES

AMENDMENTS2017- Pub. L. 115-55 amended section generally. Prior to amendment, text read as follows: "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."1991- Pub. L. 102-40 renumbered section 3008 of this title as this section. Pub. L. 102-83 substituted "Secretary" for "Administrator".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115-55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115-55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115-55 set out as a note under section 101 of this title, and bracketed note thereunder.

EFFECTIVE DATESection effective Sept. 1, 1989, see section 401(a) of Pub. L. 100-687 set out as a note under section 7251 of this title.

CONSTRUCTION OF 2017 AMENDMENT Pub. L. 115-55, §2(i)(2), Aug. 23, 2017, 131 Stat. 1109, provided that: "Section 5108 of such title [38 U.S.C. 5108], as amended by paragraph (1), shall not be construed to impose a higher evidentiary threshold than the new and material evidence standard that was in effect pursuant to such section on the day before the date of the enactment of this Act [Aug. 23, 2017]."

claimant
The term "claimant" means any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary.
notice
The term "notice" means a communication issued through means (including electronic means) prescribed by the Secretary.