38 U.S.C. § 5106
Furnishing of information by other agencies
The head of any Federal department or agency shall provide such information to the Secretary as the Secretary may request for purposes of determining eligibility for or amount of benefits, or verifying other information with respect thereto. The cost of providing information to the Secretary under this section shall be borne by the department or agency providing the information.
Notes of Decisions
Cited in 17
cases, 1992–2015 · leading case: Murincsak v. Derwinski, 2 Vet. App. 363 (Vet. App. 1992).
Murincsak v. Derwinski, 2 Vet. App. 363 (Vet. App. 1992). “201(a) is without merit, there is evidence in the record that the VA had actual notice of such records and failed in its duty to assist the veteran in developing his claim by acquiring those records under 38 U.S.C. §§ 5106 and 5107(a) (formerly §§ 3006 and 3007(a)).”
Garrett v. Hayre, Claimant-Appellant v. Togo D. West, Jr., Sec'y of Vets. Affairs, 188 F.3d 1327 (Fed. Cir. 1999). “Under 38 U.S.C. § 5106 , Federal departments or agencies must “provide such information to the Secretary as the Secretary may request for purposes of determining eligibility for or amount of benefits, or verifying other information with respect thereto.”
Raymond E. Douglas v. Eric K. Shinseki, 23 Vet. App. 19 (Vet. App. 2009). “Similarly, pursuant to 38 U.S.C. § 5106 , heads of the Federal departments and agencies are required to provide the Secretary with such information as he requests “for purposes of determining the eligibility for or amount of benefits,” which presupposes the Secretary’s duty to…”
Masors v. Derwinski, 2 Vet. App. 181 (Vet. App. 1992). “Milden were apparently before the BVA in connection with either its 1985 or 1990 decision. Hence, the BVA’s duty to assist the claimant required it to request records relating to the SSA unemployability rating that were not previously before the BVA.”
Woods v. Gober, 14 Vet. App. 214 (Vet. App. 2000). “The SSA records would be "pertinent" to the effective date for the award of PTSD service connection, because they may provide medical evidence of whether he had a diagnosis of PTSD earlier than the August 1989 date assigned to that award in the September 1990 RO decision.”
Tetro v. Gober, 14 Vet. App. 100 (Vet. App. 2000). “The dissent asserts that in 1990 the Board was under a statutorily prescribed duty pursuant to 38 U.S.C. §§ 5106 , 5107 (sections 3006 and 3007 in 1990) to obtain the appellant's SSA records.”
Douglas v. Derwinski, 2 Vet. App. 435 (Vet. App. 1992). “See 38 U.S.C. §§ 5106 (formerly § 3006), 5107(a), (b), 5109 (formerly § 3009), 7722(c), (d).”
Trilles v. West, 13 Vet. App. 314 (Vet. App. 2000). “In those rare cases where a veteran’s status cannot be proven by a DD Form 214 submitted by the veteran or the service department (see 38 U.S.C. § 5106 ), an individual seeking veterans benefits still must prove eligibility, i.”
Michael D. Herndon, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 311 F.3d 1121 (Fed. Cir. 2002). “38 U.S.C. § 5106 (2000); id. § 7104(b). When the board affirms the agency’s decision, it is subsumed by the final appellate decision.”
Gregory v. Brown, 5 Vet. App. 108 (Vet. App. 1993). “The VA shall obtain such records underlying the award, as they may be instructive regarding the events surrounding appellant’s separation from the veteran, and the BVA shall discuss in the decision on remand the relevance and significance of those records.”
Muehl v. West, 13 Vet. App. 159 (Vet. App. 1999). “See 38 U.S.C. § 5106 . If one agency fails to respond to the request, or is otherwise not diligent in providing the information, such failure or lack of diligence should not prejudice the veteran.”
Spurgeon v. Brown, 10 Vet. App. 194 (Vet. App. 1997). “159 (b),(c); see also 38 U.S.C. §§ 5106 , 5107; White v. Derwinski, 1 Vet.”
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