2012 US Code
Title 38 - Veterans Benefits
Part IV - GENERAL ADMINISTRATIVE PROVISIONS (§§ 5100 - 6308)
Chapter 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS (§§ 5100 - 5126)
Subchapter I - CLAIMS (§§ 5100 - 5109B)
Section 5101 - Claims and forms
Publication Title | United States Code, 2012 Edition, Title 38 - VETERANS BENEFITS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 38 - VETERANS BENEFITS PART IV - GENERAL ADMINISTRATIVE PROVISIONS CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS SUBCHAPTER I - CLAIMS Sec. 5101 - Claims and forms |
Contains | section 5101 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1225, §3001; Pub. L. 97-295, §4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 99-576, title VII, §701(61), Oct. 28, 1986, 100 Stat. 3296; Pub. L. 101-508, title VIII, §8053(a), Nov. 5, 1990, 104 Stat. 1388-352; renumbered §5101 and amended Pub. L. 102-40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405; Pub. L. 108-183, title VII, §708(c)(2), Dec. 16, 2003, 117 Stat. 2674; Pub. L. 112-154, title V, §502(a), Aug. 6, 2012, 126 Stat. 1190. |
Statutes at Large References | 72 Stat. 1225 96 Stat. 1313 100 Stat. 3296 104 Stat. 1388-352 105 Stat. 238, 403-405 108 Stat. 4658, 4659 110 Stat. 3341 112 Stat. 3342 117 Stat. 2674, 2672, 2673 122 Stat. 4149, 4154, 4159, 4160 124 Stat. 2894 126 Stat. 1190, 1191, 1440 |
Public Law References | Public Law 85-857, Public Law 97-295, Public Law 99-576, Public Law 101-508, Public Law 102-40, Public Law 102-83, Public Law 103-446, Public Law 104-275, Public Law 105-368, Public Law 108-183, Public Law 110-389, Public Law 111-275, Public Law 112-154, Public Law 112-191 |
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(a)(1) A specific claim in the form prescribed by the Secretary (or jointly with the Commissioner of Social Security, 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.
(2) If an individual has not attained the age of 18 years, is mentally incompetent, or is physically unable to sign a form, a form filed under paragraph (1) for the individual may be signed by a court-appointed representative, a person who is responsible for the care of the individual, including a spouse or other relative, or an attorney in fact or agent authorized to act on behalf of the individual under a durable power of attorney. If the individual is in the care of an institution, the manager or principal officer of the institution may sign the form.
(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, signs a form on behalf of an individual to apply 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, or TIN in the case that the person is not an individual, and the social security number of any claimant, 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 or TIN 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 or TIN.
(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.
(d) In this section:
(1) The term “mentally incompetent” with respect to an individual means that the individual lacks the mental capacity—
(A) to provide substantially accurate information needed to complete a form; or
(B) to certify that the statements made on a form are true and complete.
(2) The term “TIN” has the meaning given the term in section 7701(a)(41) of the Internal Revenue Code of 1986.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1225, §3001; Pub. L. 97–295, §4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 99–576, title VII, §701(61), Oct. 28, 1986, 100 Stat. 3296; Pub. L. 101–508, title VIII, §8053(a), Nov. 5, 1990, 104 Stat. 1388–352; renumbered §5101 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 108–183, title VII, §708(c)(2), Dec. 16, 2003, 117 Stat. 2674; Pub. L. 112–154, title V, §502(a), Aug. 6, 2012, 126 Stat. 1190.)
References in TextSection 7701(a)(41) of the Internal Revenue Code of 1986, referred to in subsec. (d)(2), is classified to section 7701(a)(41) of Title 26, Internal Revenue Code.
Prior ProvisionsPrior section 5101 was renumbered section 8301 of this title.
Amendments2012—Subsec. (a). Pub. L. 112–154, §502(a)(1), designated existing provisions as par. (1) and added par. (2).
Subsec. (c)(1). Pub. L. 112–154, §502(a)(2)(A), inserted “, signs a form on behalf of an individual to apply for,” after “who applies for” and “, or TIN in the case that the person is not an individual,” after “of such person” and substituted “claimant, dependent,” for “dependent”.
Subsec. (c)(2). Pub. L. 112–154, §502(a)(2)(B), inserted “or TIN” after “social security number” in two places.
Subsec. (d). Pub. L. 112–154, §502(a)(3), added subsec. (d).
2003—Subsec. (a). Pub. L. 108–183 substituted “Commissioner of Social Security” for “Secretary of Health and Human Services”.
1991—Pub. L. 102–40, §402(b)(1), renumbered section 3001 of this title as this section.
Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted “Secretary” for “Administrator” after “prescribed by the”.
Pub. L. 102–83, §4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Pub. L. 102–40, §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”.
Effective Date of 2012 AmendmentPub. L. 112–154, title V, §502(b), Aug. 6, 2012, 126 Stat. 1191, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to claims filed on or after the date of the enactment of this Act [Aug. 6, 2012].”
Pilot Programs on Expedited Treatment of Fully Developed Claims and Provision of Checklists to Individuals Submitting ClaimsPub. L. 110–389, title II, §221, Oct. 10, 2008, 122 Stat. 4154, provided that:
“(a)
“(1)
“(2)
“(3)
“(4)
“(A) for which the claimant—
“(i) received assistance from a veterans service officer, a State or country [probably should be “county”] veterans service officer, an agent, or an attorney; or
“(ii) submits along with the claim an appropriate indication that the claimant does not intend to submit any additional information or evidence in support of the claim and does not require additional assistance with respect to the claim; and
“(B) for which the claimant—
“(i) submits a certification in writing that is signed and dated by the claimant stating that, as of such date, no additional information or evidence is available or needs to be submitted in order for the claim to be adjudicated; and
“(ii) for which the claimant's representative, if any, submits a certification in writing that is signed and dated by the representative stating that, as of such date, no additional information or evidence is available or needs to be submitted in order for the claim to be adjudicated.
“(b)
“(1)
“(2)
“(A) for original claims filed after the date of the enactment of this Act [Oct. 10, 2008], during the one-year period beginning on the date that is 60 days after the date of the enactment of this Act; and
“(B) for claims to reopen and for claims for increased ratings that were filed after the date of the enactment of this Act, during the three-year period beginning on the date that is 60 days after the date of the enactment of this Act.
“(3)
“(4)
“(A) shall be construed to be an addendum to a notice provided under section 5103(a) of title 38, United Sates Code; and
“(B) shall not be considered as part of such notice for purposes of reversal or remand of a decision of the Secretary.
“(c)
“(1)
“(2)
“(3)
“(A) Data concerning the number and type of claims covered by the respective pilot program.
“(B) The findings of the Secretary with respect to the respective pilot program.
“(C) The recommendations of the Secretary on the feasibility and advisability of continuing or expanding the respective pilot program and any necessary modifications to such pilot program for continuation or expansion.
“(D) Such other information as the Secretary considers appropriate.
“(4)
Pub. L. 110–389, title II, §226, Oct. 10, 2008, 122 Stat. 4159, provided that:
“(a)
“(1) to measure and manage the work production of employees of the Veterans Benefits Administration who handle claims for compensation and pension benefits; and
“(2) to evaluate more effective means of improving performance.
“(b)
“(1) measures to improve the accountability, quality, and accuracy for processing claims for compensation and pension benefits under laws administered by the Secretary that are adjudicated by the Veterans Benefits Administration;
“(2) accountability for claims adjudication outcomes;
“(3) the quality of claims adjudicated;
“(4) a simplified process to adjudicate claims;
“(5) the maximum use of information technology applications;
“(6) rules-based applications and tools for processing and adjudicating claims efficiently and effectively;
“(7) methods of reducing the time required to obtain information from outside sources; and
“(8) the elements needed to implement—
“(A) performance standards and accountability measures, intended to ensure that—
“(i) claims for benefits under the laws administered by the Secretary are processed in an objective, accurate, consistent, and efficient manner; and
“(ii) final decisions with respect to such claims are consistent and issued within the target identified in the most recent annual Performance and Accountability report submitted by the Secretary to Congress for the most recent fiscal year;
“(B) guidelines and procedures for the identification and prompt processing of such claims that are ready to rate upon submittal;
“(C) guidelines and procedures for the identification and prompt processing of such claims submitted by severely injured and very severely injured veterans, as determined by the Secretary; and
“(D) requirements for assessments of claims processing at each regional office for the purpose of producing lessons learned and best practices.
“(c)
“(1) the study conducted under subsection (a); and
“(2) the components required to implement the updated system for evaluating employees of the Veterans Benefits Administration required under subsection (d).
“(d)
Pub. L. 110–389, title II, §227, Oct. 10, 2008, 122 Stat. 4160, provided that:
“(a)
“(1) conduct a review of the use of information technology in the Veterans Benefits Administration with respect to the processing of claims for compensation and pension benefits; and
“(2) develop a comprehensive plan for the use of such technology in processing such claims so as to reduce subjectivity, avoidable remands, and regional office variances in disability ratings for specific disabilities.
“(b)
“(1) The use of rules-based processing or information technology systems utilizing automated decision support software at all levels of processing such claims.
“(2) The enhancement of the use of information technology for all aspects of the claims process.
“(3) Development of a technological platform that—
“(A) allows for the use of information that members of the Armed Forces, veterans, and dependents have submitted electronically, including uploaded military records, medical evidence, and other appropriate documentation; and
“(B) to the extent practicable—
“(i) provides the capability to such members, veterans, and dependents to view applications for benefits submitted online; and
“(ii) complies with the provisions of subchapter III of chapter 35 of title 44, United States Code, section 552a of title 5, United States Code, and other relevant security policies and guidelines.
“(4) The use of electronic examination templates in conjunction with the schedule for rating disabilities under section 1155 of title 38, United States Code.
“(5) Such changes as may be required to the electronic health record system of the Department of Veterans Affairs and the Department of Defense to ensure that Veterans Benefits Administration claims examiners can access the available electronic medical information of the Department of Veterans Affairs and the Department of Defense.
“(6) The provision of bi-directional access to medical records and service records between the Department of Veterans Affairs and the Department of Defense.
“(7) The availability, on a secure Internet website of the Department of Veterans Affairs, of a portal that can be used by a claimant to check on the status of any claim submitted by that claimant and that provides information, if applicable, on—
“(A) whether a decision has been reached with respect to such a claim and notice of the decision; or
“(B) if no such decision has been reached, notice of—
“(i) whether the application submitted by the claimant is complete;
“(ii) whether the Secretary requires additional information or evidence to substantiate the claim;
“(iii) the estimated date on which a decision with respect to the claim is expected to be made; and
“(iv) the stage at which the claim is being processed as of the date on which such status is checked.
“(c)
“(1) best practices and lessons learned within the Department of Veterans Affairs; and
“(2) the use of the technology known as ‘VistA’ by other Government entities and private sector organizations who employ information technology and automated decision support software.
“(d)
“(e)
“(f)
Pub. L. 108–183, title VII, §704, Dec. 16, 2003, 117 Stat. 2672, as amended by Pub. L. 110–389, §105, Oct. 10, 2008, 122 Stat. 4149; Pub. L. 111–275, title VIII, §809, Oct. 13, 2010, 124 Stat. 2894; Pub. L. 112–191, title II, §207, Oct. 5, 2012, 126 Stat. 1440, provided that:
“(a)
“(b)
“(c)
“(d)
Pub. L. 104–275, title V, §504, Oct. 9, 1996, 110 Stat. 3341, provided that:
“(a)
“(b)
“(c)
“(d)
Pub. L. 103–446, title III, §302, Nov. 2, 1994, 108 Stat. 4658, as amended by Pub. L. 105–368, title V, §512(c), Nov. 11, 1998, 112 Stat. 3342, provided that Secretary of Veterans Affairs was to take necessary actions to provide for expeditious treatment, by the Board of Veterans’ Appeals and by regional offices of the Veterans Benefits Administration, of any claim that had 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, prior to repeal by Pub. L. 108–183, title VII, §707(c), Dec. 16, 2003, 117 Stat. 2673.
Veterans’ Claims Adjudication CommissionPub. L. 103–446, title IV, Nov. 2, 1994, 108 Stat. 4659, as amended by Pub. L. 104–275, title V, §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.
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