---
kind: "section"
citation: "38 U.S.C. § 5103A"
title: "38"
title_heading: "Veterans’ Benefits"
number: "5103A"
heading: "Duty to assist claimants"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/5103A"
units:
  - "Part IV — General Administrative Provisions"
  - "Chapter 51 — Claims, Effective Dates, and Payments"
  - "Subchapter I — Claims"
---

# §5103A. Duty to assist claimants

- (a) **Duty To Assist.—**
  - (1) The [Secretary](/usc/38/101.md?p=1) shall make reasonable efforts to assist a [claimant](/usc/38/5100.md?p=1) in obtaining evidence necessary to substantiate the [claimant](/usc/38/5100.md?p=1)’s claim for a benefit under a law administered by the [Secretary](/usc/38/101.md?p=1).
  - (2) The [Secretary](/usc/38/101.md?p=1) is not required to provide assistance to a [claimant](/usc/38/5100.md?p=1) under this section if no reasonable possibility exists that such assistance would aid in substantiating the claim.
  - (3) The [Secretary](/usc/38/101.md?p=1) may defer providing assistance under this section pending the submission by the [claimant](/usc/38/5100.md?p=1) of essential information missing from the [claimant](/usc/38/5100.md?p=1)’s application.
- (b) **Assistance in Obtaining Private Records.—**
  - (1) As part of the assistance provided under [subsection (a)](#a), the [Secretary](/usc/38/101.md?p=1) shall make reasonable efforts to obtain relevant private records that the [claimant](/usc/38/5100.md?p=1) adequately identifies to the [Secretary](/usc/38/101.md?p=1).
  - (2)
    - (A) Whenever the [Secretary](/usc/38/101.md?p=1), after making such reasonable efforts, is unable to obtain all of the relevant records sought, the [Secretary](/usc/38/101.md?p=1) shall notify the [claimant](/usc/38/5100.md?p=1) that the [Secretary](/usc/38/101.md?p=1) is unable to obtain records with respect to the claim. Such a notification shall—
      - (i) identify the records the [Secretary](/usc/38/101.md?p=1) is unable to obtain;
      - (ii) briefly explain the efforts that the [Secretary](/usc/38/101.md?p=1) made to obtain such records; and
      - (iii) explain that the [Secretary](/usc/38/101.md?p=1) will decide the claim based on the evidence of record but that this section does not prohibit the submission of records at a later date if such submission is otherwise allowed.
    - (B) The [Secretary](/usc/38/101.md?p=1) shall make not less than two requests to a custodian of a private record in order for an effort to obtain relevant private records to be treated as reasonable under this section, unless it is made evident by the first request that a second request would be futile in obtaining such records.
  - (3)
    - (A) This section shall not apply if the evidence of record allows for the [Secretary](/usc/38/101.md?p=1) to award the maximum benefit in accordance with this title based on the evidence of record.
    - (B) For purposes of this paragraph, the term “maximum benefit” means the highest evaluation assignable in accordance with the evidence of record, as long as such evidence is adequate for rating purposes and sufficient to grant the earliest possible effective date in accordance with [section 5110 of this title](/usc/38/5110.md).
  - (4) Under regulations prescribed by the [Secretary](/usc/38/101.md?p=1), the [Secretary](/usc/38/101.md?p=1)—
    - (A) shall encourage [claimants](/usc/38/5100.md?p=1) to submit relevant private medical records of the [claimant](/usc/38/5100.md?p=1) to the [Secretary](/usc/38/101.md?p=1) if such submission does not burden the [claimant](/usc/38/5100.md?p=1); and
    - (B) in obtaining relevant private records under [paragraph (1)](#b-1), may require the [claimant](/usc/38/5100.md?p=1) to authorize the [Secretary](/usc/38/101.md?p=1) to obtain such records if such authorization is required to comply with Federal, [State](/usc/38/101.md?p=20), or local law.
- (c) **Obtaining Records for Compensation Claims.—**
  - (1) In the case of a claim for disability [compensation](/usc/38/101.md?p=13), the assistance provided by the [Secretary](/usc/38/101.md?p=1) under this section shall include obtaining the following records if relevant to the claim:
    - (A) The [claimant](/usc/38/5100.md?p=1)’s service medical records and, if the [claimant](/usc/38/5100.md?p=1) has furnished the [Secretary](/usc/38/101.md?p=1) information sufficient to locate such records, other relevant records pertaining to the [claimant](/usc/38/5100.md?p=1)’s [active military, naval, air, or space service](/usc/38/101.md?p=24) that are held or maintained by a governmental entity.
    - (B) Records of relevant medical treatment or examination of the [claimant](/usc/38/5100.md?p=1) at [Department](/usc/38/101.md?p=1) health-care facilities or at the expense of the [Department](/usc/38/101.md?p=1), if the [claimant](/usc/38/5100.md?p=1) furnishes information sufficient to locate those records.
    - (C) Any other relevant records held by any Federal [department](/usc/38/101.md?p=1) or agency that the [claimant](/usc/38/5100.md?p=1) adequately identifies and authorizes the [Secretary](/usc/38/101.md?p=1) to obtain.
  - (2) Whenever the [Secretary](/usc/38/101.md?p=1) attempts to obtain records from a Federal [department](/usc/38/101.md?p=1) or agency under this subsection, the efforts to obtain those records shall continue until the records are obtained unless it is reasonably certain that such records do not exist or that further efforts to obtain those records would be futile.
- (d) **Medical Examinations for Compensation Claims.—**
  - (1) In the case of a claim for disability [compensation](/usc/38/101.md?p=13), the assistance provided by the [Secretary](/usc/38/101.md?p=1) under [subsection (a)](#a) shall include providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.
  - (2) The [Secretary](/usc/38/101.md?p=1) shall treat an examination or opinion as being necessary to make a decision on a claim for purposes of [paragraph (1)](#d-1) if the evidence of record before the [Secretary](/usc/38/101.md?p=1), taking into consideration all information and lay or medical evidence (including statements of the [claimant](/usc/38/5100.md?p=1))—
    - (A) contains competent evidence that the [claimant](/usc/38/5100.md?p=1) has a current disability, or persistent or recurrent symptoms of disability; and
    - (B) indicates that the disability or symptoms may be associated with the [claimant](/usc/38/5100.md?p=1)’s [active military, naval, air, or space service](/usc/38/101.md?p=24); but
    - (C) does not contain sufficient medical evidence for the [Secretary](/usc/38/101.md?p=1) to make a decision on the claim.
- (e) **Applicability of Duty to Assist.—**
  - (1) The [Secretary](/usc/38/101.md?p=1)’s duty to assist under this section shall apply only to a claim, or [supplemental claim](/usc/38/101.md?p=36), for a benefit under a law administered by the [Secretary](/usc/38/101.md?p=1) until the time that a [claimant](/usc/38/5100.md?p=1) is provided [notice](/usc/38/5100.md?p=2) of the [agency of original jurisdiction](/usc/38/101.md?p=34)’s decision with respect to such claim, or [supplemental claim](/usc/38/101.md?p=36), under [section 5104 of this title](/usc/38/5104.md).
  - (2) The [Secretary](/usc/38/101.md?p=1)’s duty to assist under this section shall not apply to higher-level review by the [agency of original jurisdiction](/usc/38/101.md?p=34), pursuant to [section 5104B of this title](/usc/38/5104B.md), or to review on appeal by the Board of [Veterans](/usc/38/101.md?p=2)’ Appeals.
- (f) **Correction of Duty to Assist Errors.—**
  - (1) If, during review of the [agency of original jurisdiction](/usc/38/101.md?p=34) decision under [section 5104B of this title](/usc/38/5104B.md), the higher-level adjudicator identifies or learns of an error on the part of the [agency of original jurisdiction](/usc/38/101.md?p=34) to satisfy its duties under this section, and that error occurred prior to the [agency of original jurisdiction](/usc/38/101.md?p=34) decision being reviewed, unless the [Secretary](/usc/38/101.md?p=1) may award the maximum benefit in accordance with this title based on the evidence of record, the higher-level adjudicator shall return the claim for correction of such error and readjudication.
  - (2)
    - (A) If the Board of [Veterans](/usc/38/101.md?p=2)’ Appeals, during review on appeal of an [agency of original jurisdiction](/usc/38/101.md?p=34) decision, identifies or learns of an error on the part of the [agency of original jurisdiction](/usc/38/101.md?p=34) to satisfy its duties under this section, and that error occurred prior to the [agency of original jurisdiction](/usc/38/101.md?p=34) decision on appeal, unless the [Secretary](/usc/38/101.md?p=1) may award the maximum benefit in accordance with this title based on the evidence of record, the Board shall remand the claim to the [agency of original jurisdiction](/usc/38/101.md?p=34) for correction of such error and readjudication.
    - (B) Remand for correction of such error may include directing the [agency of original jurisdiction](/usc/38/101.md?p=34) to obtain an advisory medical opinion under [section 5109 of this title](/usc/38/5109.md).
  - (3) Nothing in this subsection shall be construed to imply that the [Secretary](/usc/38/101.md?p=1), during the consideration of a claim, does not have a duty to correct an error described in paragraph [(1)](#f-1) or [(2)](#f-2) that was erroneously not identified during higher-level review or during review on appeal with respect to the claim.
- (g) **Regulations.—** The [Secretary](/usc/38/101.md?p=1) shall prescribe regulations to carry out this section.
- (h) **Rule With Respect to Disallowed Claims.—** Nothing in this section shall be construed to require the [Secretary](/usc/38/101.md?p=1) to readjudicate a claim that has been disallowed except when new and [relevant evidence](/usc/38/101.md?p=35) is presented or secured, as described in [section 5108 of this title](/usc/38/5108.md).
- (i) **Other Assistance Not Precluded.—** Nothing in this section shall be construed as precluding the [Secretary](/usc/38/101.md?p=1) from providing such other assistance under [subsection (a)](#a) to a [claimant](/usc/38/5100.md?p=1) in substantiating a claim as the [Secretary](/usc/38/101.md?p=1) considers appropriate.

## Source credit

(Added Pub. L. 106–475, § 3(a), Nov. 9, 2000, 114 Stat. 2097; amended Pub. L. 112–154, title V, § 505(a), (b), Aug. 6, 2012, 126 Stat. 1192; Pub. L. 115–55, § 2(c), (d), Aug. 23, 2017, 131 Stat. 1105; Pub. L. 116–283, div. A, title IX, § 926(a)(51), Jan. 1, 2021, 134 Stat. 3830.)

## Notes

### Editorial Notes

### Amendments

2021—Subsecs. (c)(1)(A), (d)(2)(B). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

2017—Subsec. (e). Pub. L. 115–55, § 2(d)(2), added subsec. (e). Former subsec. (e) redesignated (g).

Subsec. (f). Pub. L. 115–55, § 2(d)(2), added subsec. (f). Former subsec. (f) redesignated (h).

Pub. L. 115–55, § 2(c), substituted “readjudicate” for “reopen” and “relevant” for “material”.

Subsecs. (g) to (i). Pub. L. 115–55, § 2(d)(1), redesignated subsecs. (e) to (g) as (g) to (i), respectively.

2012—Subsec. (b). Pub. L. 112–154, § 505(a), amended subsec. (b) generally. Prior to amendment, text read as follows:

“(1) As part of the assistance provided under subsection (a), the Secretary shall make reasonable efforts to obtain relevant records (including private records) that the claimant adequately identifies to the Secretary and authorizes the Secretary to obtain.

“(2) Whenever the Secretary, after making such reasonable efforts, is unable to obtain all of the relevant records sought, the Secretary shall notify the claimant that the Secretary is unable to obtain records with respect to the claim. Such a notification shall—

“(A) identify the records the Secretary is unable to obtain;

“(B) briefly explain the efforts that the Secretary made to obtain those records; and

“(C) describe any further action to be taken by the Secretary with respect to the claim.

“(3) Whenever the Secretary attempts to obtain records from a Federal department or agency under this subsection or subsection (c), the efforts to obtain those records shall continue until the records are obtained unless it is reasonably certain that such records do not exist or that further efforts to obtain those records would be futile.”

Subsec. (c). Pub. L. 112–154, § 505(b), amended subsec. (c) generally. Prior to amendment, text read as follows: “In the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (b) shall include obtaining the following records if relevant to the claim:

“(1) The claimant’s service medical records and, if the claimant has furnished the Secretary information sufficient to locate such records, other relevant records pertaining to the claimant’s active military, naval, or air service that are held or maintained by a governmental entity.

“(2) Records of relevant medical treatment or examination of the claimant at Department health-care facilities or at the expense of the Department, if the claimant furnishes information sufficient to locate those records.

“(3) Any other relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes the Secretary to obtain.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 2017 Amendment

Amendment by Pub. 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 Pub. 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 Pub. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.

### Effective Date of 2012 Amendment

Pub. L. 112–154, title V, § 505(c), Aug. 6, 2012, 126 Stat. 1193, provided that: In general.—The amendments made by subsections (a) and (b) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Aug. 6, 2012] and shall apply with respect to assistance obligations of the Secretary of Veterans Affairs on or after such date. Construction.—Nothing in this section [amending this section] or the amendments made by this section shall be construed to require the Secretary to carry out assistance in accordance with requirements of section 5103A of title 38, United States Code, as in effect on the day before the effective date established in paragraph (1) on or after such effective date.”