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Title 38, Veterans' BenefitsRelease 119-110

§5102 Application Forms Furnished Upon Request; Notice to Claimants of Incomplete Applications

Title 38 › PART IV — GENERAL ADMINISTRATIVE PROVISIONS › CHAPTER 51 — CLAIMS, EFFECTIVE DATES, AND PAYMENTS › SUBCHAPTER I — CLAIMS › § 5102

Last updated Sep 22, 2026|Official source

Summary

When a person applies for, or says they plan to apply for, a benefit the Secretary manages, the Secretary must give that person all the forms and instructions they need for free. If an application is incomplete, the Secretary must tell the applicant and any representative what information is missing. If that information is not provided within one year after the notice is sent, no benefit can be paid from that application. The one-year limit does not apply to Government life insurance claims.

Full Legal Text

Title 38, §5102

Veterans' Benefits, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior 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 Subsidiaries

Effective 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).”

Reference

Citations & Metadata

Citation

38 U.S.C. § 5102

Title 38, Veterans' Benefits

Last Updated

Sep 22, 2026

Release point: 119-110