Page:United States Statutes at Large Volume 114 Part 3.djvu/1077

 PUBLIC LAW 106-475—NOV. 9, 2000 114 STAT. 2099 of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.". SEC. 5. PROHIBITION OF CHARGES FOR RECORDS FURNISHED BY OTHER FEDERAL DEPARTMENTS AND AGENCIES. Section 5106 of title 38, United States Code, is amended by adding at the end the following new sentence: "The cost of providing information to the Secretary under this section shall be borne by the department or agency providing the information.". SEC. 6, CLERICAL AMENDMENTS. The table of sections at the beginning of chapter 51 of title 38, United States Code, is amended— (1) by inserting before the item relating to section 5101 the following new item: "5100. Definition of claimant'."; (2) by striking the items relating to sections 5102 and 5103 and inserting the following: "5102. Application forms furnished upon request; notice to claimants of incomplete applications. "5103. Notice to claimants of required information and evidence. "5103A. Duty to assist claimants."; (3) by striking the item relating to section 5107 and inserting the following: "5107. Claimant responsibility; benefit of the doubt."; and (4) by adding at the end the following new item: "5126. Benefits not to be denied based on lack of mailing address.". SEC. 7. EFFECTIVE DATE. 38 USC 5107 (a) IN GENERAL.—Except as specifically provided otherwise, the provisions of section 5107 of title 38, United States Code, as amended by section 4 of this Act, apply to any claim— (1) filed on or after the date of the enactment of this Act; or (2) filed before the date of the enactment of this Act and not final as of that date. (b) RULE FOR CLAIMS THE DENIAL OF WHICH BECAME FINAL AFTER THE COURT OF APPEALS FOR VETERANS CLAIMS DECISION IN THE MORTON CASE.—(1) In the case of a claim for benefits denied or dismissed as described in paragraph (2), the Secretary of Veterans Affairs shall, upon the request of the claimant or on the Secretary's own motion, order the claim readjudicated under chapter 51 of such title, as amended by this Act, as if the denial or dismissal had not been made. (2) A denial or dismissal described in this paragraph is a denial or dismissal of a claim for a benefit under the laws administered by the Secretary of Veterans Affairs that— (A) became final during the period beginning on July 14, 1999, and ending on the date of the enactment of this Act; and (B) was issued by the Secretary of Veterans Affairs or a court because the claim was not well grounded (as that

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