US Code

Public Law 119-83 (04/13/2026)

38 U.S.C. § 5108

Supplemental claims

(a)

In General .—

If new and relevant evidence is presented or secured with respect to a supplemental claim, the Secretary shall readjudicate the claim taking into consideration all of the evidence of record.
(b)

Duty to Assist .—

(1)
section 5103A of this title If a claimant, in connection with a supplemental claim, reasonably identifies existing records, whether or not in the custody of a Federal department or agency, the Secretary shall assist the claimant in obtaining the records in accordance with .
(2)
Assistance under paragraph (1) shall not be predicated upon a finding that new and relevant evidence has been presented or secured.

Pub. L. 100–687, div. A, title I, § 103(a)(1)102 Stat. 4107 Pub. L. 102–40, title IV, § 402(b)(1)105 Stat. 238 Pub. L. 102–83, § 4(b)(1)105 Stat. 404 Pub. L. 115–55, § 2(i)(1)131 Stat. 1109 (Added , , , § 3008; renumbered § 5108, , , ; , (2)(E), , , 405; , , .)

Editorial Notes

Amendments

Pub. L. 115–552017— 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.”

Pub. L. 102–40section 3008 of this title1991— renumbered as this section.

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

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–55section 5104 of this titlePub. L. 115–55section 2(x) of Pub. L. 115–55section 101 of this titleAmendment by applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under on or after the later of 540 days after , 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 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see , set out as a note under , and bracketed note thereunder.

Effective Date

section 401(a) of Pub. L. 100–687section 7251 of this titleSection effective , see , set out as a note under .

Construction of 2017 Amendment

Pub. L. 115–55, § 2(i)(2)131 Stat. 1109

38 U.S.C. 5108“Section 5108 of such title [], 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 [].”
, , , provided that: