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

38 U.S.C. § 5124

Acceptance of claimant’s statement as proof of relationship

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(a) For purposes of benefits under laws administered by the Secretary, the Secretary may accept the written statement of a claimant as proof of the existence of any relationship specified in subsection (b) for the purpose of acting on such individual’s claim for benefits.(b) Subsection (a) applies to proof of the existence of any of the following relationships between a claimant and another person:(1) Marriage.(2) Dissolution of a marriage.(3) Birth of a child.(4) Death of any family member.(c) The Secretary may require the submission of documentation in support of the claimant’s statement if—(1) the claimant does not reside within a State;(2) the statement on its face raises a question as to its validity;(3) there is conflicting information of record; or(4) there is reasonable indication, in the statement or otherwise, of fraud or misrepresentation.(Added Pub. L. 103–446, title III, § 301(a), Nov. 2, 1994, 108 Stat. 4657.)
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1996–2021 · leading case: Skoczen v. Shinseki, 564 F.3d 1319 (Fed. Cir. 2009).
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Skoczen v. Shinseki, 564 F.3d 1319 (Fed. Cir. 2009). “Additionally, 38 U.S.C. § 5124 authorizes VA to accept the claimant’s statement — as opposed to some independent documentation — “as proof of the existence of any relationship” relating to the claim, such as marriage, dissolution of a marriage, birth of a child, and death of any…”
Colon v. Brown, 9 Vet. App. 104 (Vet. App. 1996). “205 (1995) (proof of marriage); see also 38 U.S.C. § 5124 (Secretary may accept written statement of claimant as proof of existence of marriage).”
Jones v. Brown, 8 Vet. App. 558 (Vet. App. 1996). · cites it 2× “Additionally, 38 U.S.C. § 5124 (enacted Nov. 2, 1994) provides, “[T]he Secretary may accept the written statement of a claimant as proof of the existence” of a marriage.”
Dippel v. West, 12 Vet. App. 466 (Vet. App. 1999). “558, 562 (1996) (holding that on remand Board must apply new statutory provision, 38 U.S.C. § 5124 , regarding acceptance of claimant’s statement as proof of spousal relationship, that was enacted while appeal was pending), rev’d on other grounds sub nom.”
191107-45079 (Board of Vet. App. 2019). “38 U.S.C. § 5124 ; 38 C.F.R. § 3.204 . In this case, the Veteran’s spouse, G.”
190918-31480 (Board of Vet. App. 2020). “38 U.S.C. § 5124 ; 38 C.F.R. § 3.204 . Regardless of the regulation governing effective dates of awards, payment of monetary benefits based on compensation begins the first day of the month following the effective date.”
210405-150685 (Board of Vet. App. 2021). “38 U.S.C. § 5124 ; 38 C.F.R. § 3.204 . The Veteran has been rated for his combined service-connected disabilities at a rating in excess of 30 percent (specifically, 40 percent), effective December 9, 2009.”
190820-79694 (Board of Vet. App. 2021). “38 U.S.C. § 5124 ; 38 C.F.R. § 3.204 . The Board finds that the preponderance of the evidence is against granting the Veteran’s claim of entitlement to an earlier effective date than April 9, 2019 for the addition of dependency benefits for his spouse.”
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