38 U.S.C. § 5108 - Reopening disallowed claims

• Cite as: 38 U.S.C. § 5108

(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.

Cite as 38 U.S.C. § 5108

Source: 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.

Notes from the Office of Law Revision Counsel

current through 12/23/2021

EDITORIAL NOTES

AMENDMENTS

2017- 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.