38-U.S.C.-5102
§5102 – Application Forms Furnished Upon Request; Notice to Claimants of Incomplete Applications
Pathway
Title 38 > Part IV > Chapter 51 > Subchapter I > Section 5102
Details
- Reference: Section 5102
- Legend: §5102 – Application Forms Furnished Upon Request; Notice to Claimants of Incomplete Applications
- USCode Year: 2013
Provision Content
(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 claimants application for a benefit under the laws administered by the Secretary is incomplete, the Secretary shall notify the claimant and the claimants representative, if any, of the information necessary to complete the application.
(c) Time Limitation.—(1) If information that a claimant and the claimants 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 claimants application.
(2) This subsection shall not apply to any application or claim for Government life insurance benefits.
(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.)
Prior Provisions
A 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), May 7, 1991, 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.
Amendments
2003—Subsec. (c). Pub. L. 108–183 added subsec. (c).
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).
U.S. Encyclopedia of Law Coverage
38-U.S.C.-4331 in the Legal Encyclopedia: Veterans
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31-U.S.C.-3723 in the Legal Encyclopedia: Claims
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38-U.S.C.-5101 in the Legal Encyclopedia: Benefits
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Chapter 51 – Claims, Effective Dates, and Payments in the Legal Encyclopedia: Administrative Provisions
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