38 U.S.C. § 5108 — Supplemental claims

submitted 38 years ago by Pub. L. 100-687 to r/title-38-VETERANS-BENEFITS · 106 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires the Secretary to readjudicate a supplemental claim when new and relevant evidence is presented or obtained. The Secretary must also help obtain reasonably identified records, whether Federal or not.

(a) In General .— If new and relevant evidence is presented or secured about a supplemental claim, the Secretary must 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 must assist the claimant in obtaining the records under section 5103A of this title . (2) Assistance under paragraph (1) must not be predicated upon a finding that new and relevant evidence has been presented or secured.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (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), May 7, 1991, 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.)

history & why it existsrecord from the source credit

1988Enacted · Pub. L. 100-687 · 102 Stat. 4107
1991Amended · Pub. L. 102-40 · 105 Stat. 238
1991Amended · Pub. L. 102-83 · 105 Stat. 404, 405
2017Amended · Pub. L. 115-55 · 131 Stat. 1109

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-687 on 1988-11-18.

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