U.S. Code » Title 38 » Part PART IV— GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 51— CLAIMS, EFFECTIVE DATES, AND PAYMENTS › Subchapter SUBCHAPTER I— CLAIMS

38 U.S.C. § 5102

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

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(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.(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 NotesPrior 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).

Statutory Notes and Related SubsidiariesEffective 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).”

Notes of Decisions
Cited in 347 cases (6 in the last 5 years), 1993–2025 · leading case: Vets. Just. Grp., LLC v. Sec'y of Vets. Affairs, 818 F.3d 1336 (Fed. Cir. 2016).
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Vets. Just. Grp., LLC v. Sec'y of Vets. Affairs, 818 F.3d 1336 (Fed. Cir. 2016). · cites it 4× “American Legion first points to 38 U.S.C. § 5102 (b), which provides that “[i]f a claimant’s application .”
Karen Gordon v. R. James Nicholson, 21 Vet. App. 270 (Vet. App. 2007). · cites it 6× “§ 5100 to define the term "claimant"; amending 38 U.S.C. § 5102 (b) to require that the Secretary inform "claimants" who submit incomplete applications of the information necessary to complete the application; amending 38 U.”
Shoffner v. Principi, 16 Vet. App. 208 (Vet. App. 2002). · cites it 4× “In each decision, the Federal Circuit held that the sections of the VCAA codified at 38 U.S.C. §§ 5102 , 5103, and 5103A, concerning notice and assistance VA is to provide to claimants, are not retroactively applicable to proceedings that were complete before VA and were on…”
Holliday v. Principi, 14 Vet. App. 280 (Vet. App. 2001). · cites it 2× “§ 5103A) and giving notification to a claimant as to what is required for a claim to be successful (see 38 U.S.C. §§ 5102 (b), 5103(a)). As to the first category, the Secretary is directed to prescribe regulations, which he has not yet done, to carry out section 5103A, and that…”
Mayfield v. Nicholson, 444 F.3d 1328 (Fed. Cir. 2006). “In particular, the Board directed the regional office to ensure that “the new notification requirements and development procedures contained in sections 3 and 4 of the Act (to be codified as amended at 38 U.S.C. §§ 5102 , 5103, 5103A, and 5107) are fully complied with and…”
Stephens v. Principi, 16 Vet. App. 191 (Vet. App. 2002). · cites it 4× “In each decision, the Federal Circuit held that the sections of the VCAA codified at 38 U.S.C. §§ 5102 , 5103, and 5103A, concerning notice and assistance to be provided to claimants by VA, are not retroactively applicable to proceedings that were complete before VA and were on…”
Sandra K. Hupp v. R. James Nicholson, 21 Vet. App. 342 (Vet. App. 2007). · cites it 2× “2096, codified in part at 38 U.S.C. §§ 5102 , 5103, and 5103A. R. at 507-12.”
Charles L. Breedlove Brenda Breedlove v. Eric K. Shinseki, 24 Vet. App. 7 (Vet. App. 2010). · cites it 2× “Congress chose to use that term throughout chapter 51, the chapter that deals specifically with claims and the Secretary's obligations – for example, the Secretary's duty to notify and assist claimants ( 38 U.S.C. §§ 5102 , 5103, 5103A, 5104), to give the benefit of the doubt to…”
Bill M. Noah v. Robert A. McDonald, 28 Vet. App. 120 (Vet. App. 2016). · cites it 2× “Rodriguez's argument for an earlier effective date for the award of pension benefits based on the Secretary's purported failure to provide her with a formal claim form and assist her in the presentation of her claim in accordance with 38 U.S.C. §§ 5102 and 7722(d). Rodriguez,…”
Victor C. Davis v. Eric K. Shinseki, 22 Vet. App. 352 (Vet. App. 2009). · cites it 10× “Davis now argues on appeal that the Secretary failed to provide preadjudicatory notice under 38 U.S.C. § 5102 (b). According to Mr. Davis, his statement placed the Secretary on notice that relevant medical-nexus evidence existed that, if obtained, could substantiate his claim.”
Livesay v. Principi, 15 Vet. App. 165 (Vet. App. 2001). “VCAA § 3 (to be codified at 38 U.S.C. §§ 5102 , 5103, and 5103A). However, because a “request[ ] for revision[ ] of [a] previous decision” on the basis of CUE is not an “application” or “claim for[ ] any benefit under the laws administered by the Secretary” for purposes of…”
James P. G Utierrez v. Anthony J. Principi, 19 Vet. App. 1 (Vet. App. 2004). “2096, now codified in part at 38 U.S.C. §§ 5102 , 5103, and 5103A (Br. at 7, 14); (3) the Board made a medical determination independent of the medical evidence, in violation of Colvin v.”
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