38 U.S.C. § 5102

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 5102 - Application forms furnished upon request; notice to claimants of incomplete applications

(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.

(c) TIME LIMITATION.-

(1) If information that a claimant and the claimant's representative, if any, are notified under subsection (b) is necessary to complete an application is not received by the Secretary within one year from the date such notice is sent, no benefit may be paid or furnished by reason of the claimant's application.

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

38 U.S.C. § 5102

Added Pub. L. 106-475, §3(a), Nov. 9, 2000, 114 Stat. 2096; amended Pub. L. 108-183, title VII, §701(a), Dec. 16, 2003, 117 Stat. 2670.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 5102, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1225, §3002; renumbered § 5102,Pub. L. 102-40, title IV, §402(b)(1)5102,, 105 Stat. 238; Pub. L. 102-83, §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, §3(a), Nov. 9, 2000, 114 Stat. 2096.Another prior section 5102 was renumbered section 8302 of this title.

AMENDMENTS2003-Subsec. (c). Pub. L. 108-183 added subsec. (c).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108-183, title VII, §701(c), Dec. 16, 2003, 117 Stat. 2670, provided that: "The amendments made by this section [amending this section and section 5103 of this title] shall take effect as if enacted on November 9, 2000, immediately after the enactment of the Veterans Claims Assistance Act of 2000 (Public Law 106-475; 114 Stat. 2096)."

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.