38 USC 5108 - Supplemental claims

Editorial Notes

Amendments

2017—Puspan. L. 115–55 amended section generally. Prior to amendment, text read as follows: “If new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.”

1991—Puspan. L. 102–40 renumbered section 3008 of this title as this section.

Puspan. L. 102–83 substituted “Secretary” for “Administrator”.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Puspan. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Puspan. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Puspan. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.

Effective Date

Section effective Sept. 1, 1989, see section 401(a) of Puspan. L. 100–687, set out as a note under section 7251 of this title.

Construction of 2017 Amendment

Puspan. L. 115–55, § 2(i)(2), Aug. 23, 2017, 131 Stat. 1109, provided that:

“Section 5108 of such title [38 U.S.C. 5108], as amended by paragraph (1), shall not be construed to impose a higher evidentiary threshold than the new and material evidence standard that was in effect pursuant to such section on the day before the date of the enactment of this Act [Aug. 23, 2017].”