Page:United States Statutes at Large Volume 114 Part 3.djvu/1076

 114 STAT. 2098 PUBLIC LAW 106-475—NOV. 9, 2000 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. "(d) MEDICAL EXAMINATIONS FOR COMPENSATION CLAIMS.—(1) In the case of a claim for disability compensation, the assistance provided by the Secretary under subsection (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 shall treat an examination or opinion as being necessary to make a decision on a claim for purposes of paragraph (1) if the evidence of record before the Secretary, taking into consideration all information and lay or medical evidence (including statements of the claimant)— "(A) contains competent evidence that the claimant 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's active military, naval, or air service; but "(C) does not contain sufficient medical evidence for the Secretary to make a decision on the claim. "(e) REGULATIONS. — The Secretary shall prescribe regulations to carry out this section. "(f) RULE WITH RESPECT TO DISALLOWED CLAIMS.— Nothing in this section shall be construed to require the Secretary to reopen a claim that has been disallowed except when new and material evidence is presented or secured, as described in section 5108 of this title. "(g) OTHER ASSISTANCE NOT PRECLUDED.— Nothing in this section shall be construed as precluding the Secretary from providing such other assistance under subsection (a) to a claimant in substantiating a claim as the Secretary considers appropriate.". (b) REENACTMENT OF RULE FOR CLAIMANT'S LACKING A MAILING ADDRESS. —Chapter 51 of such title is further amended by adding at the end the following new section: ^'§5126. BeneHts not to be denied based on lack of mailing address "Benefits under laws administered by the Secretary may not be denied a claimant on the basis that the claimant does not have a mailing address.". SEC. 4. DECISION ON CLAIM. Section 5107 of title 38, United States Code, is amended to read as follows: '*§ 5107. Claimant responsibility; beneHt of the doubt "(a) CLAIMANT RESPONSIBILITY. —Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits under laws administered by the Secretary. "(b) BENEFIT OF THE DOUBT. —The Secretary shall consider all information and lay and medical evidence of record in a case before the Secretary with respect to benefits under laws administered by the Secretary. When there is an approximate balance

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