U.S. Code
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Title 38
» Part PART IV— GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 57— RECORDS AND INVESTIGATIONS › Subchapter SUBCHAPTER II— INVESTIGATIONS
38 U.S.C. § 5711
Authority to issue subpoenas
(a) For the purposes of the laws administered by the Secretary, the Secretary, and those employees to whom the Secretary may delegate such authority, to the extent of the authority so delegated, shall have the power to—(1) issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles from the place of hearing;(2) require the production of books, papers, documents, and other evidence;(3) take affidavits and administer oaths and affirmations;(4) aid claimants in the preparation and presentation of claims; and(5) make investigations and examine witnesses upon any matter within the jurisdiction of the Department.(b) Any person required by such subpoena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States.(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1237, § 3311; renumbered § 5711, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, § 14(d)(5)(A), June 13, 1991, 105 Stat. 286.)Editorial NotesAmendments1991—Pub. L. 102–40 renumbered section 3311 of this title as this section.
Pub. L. 102–54 amended section as in effect immediately before the enactment of Pub. L. 102–40 by substituting “subpoenas” for “subpenas” in section catchline and amending text generally. Prior to amendment, text read as follows: “For the purposes of the laws administered by the Veterans’ Administration, the Administrator, and those employees to whom the Administrator may delegate such authority, to the extent of the authority so delegated, shall have the power to issue subpenas for and compel the attendance of witnesses within a radius of one hundred miles from the place of hearing, to require the production of books, papers, documents, and other evidence, to take affidavits, to administer oaths and affirmations, to aid claimants in the preparation and presentation of claims, and to make investigations and examine witnesses upon any matter within the jurisdiction of the Veterans’ Administration. Any person required by such subpena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States.”
Notes of Decisions
Gambill v. Shinseki, 576 F.3d 1307 (Fed. Cir. 2009).
· cites it 2× “After all, DVA could not argue that its own statute and regulation affording it the power to issue subpoenas to compel the attendance of witnesses runs contrary to the informal character of benefits claims proceedings, see 38 U.S.C. § 5711 ; 38 C.F.R. § 20.711 , and…”
Bolton v. Brown, 8 Vet. App. 185 (Vet. App. 1995).
· cites it 2× “The appellant also argues that, pursuant to 38 U.S.C. § 5711 , VA has subpoena power and should have issued a subpoena to require the correctional institution to release him with guards, as needed, so that VA could provide the psychiatric examination at the closest VA medical…”
Mary Jo Borer v. United States Dep't of Vets. Affairs, 197 F.3d 232 (6th Cir. 1999).
· cites it 2× “may issue subpoenas to “require the production of books, papers, documents, and other evidence” pursuant to 38 U.S.C. § 5711 . This legislation was enacted to curb overpayments of need-based benefits.”
08-30 962 (Board of Vet. App. 2017).
· cites it 4× “See 38 U.S.C.A. § 5711 (West 2014). Nevertheless, VA's duty to assist an incarcerated veteran includes: (1) attempting to arrange transportation of the claimant to a VA facility for examination; (2) contacting the correctional facility and having their medical personnel conduct…”
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