Page:United States Statutes at Large Volume 117.djvu/2689

 117 STAT. 2670

PUBLIC LAW 108–183—DEC. 16, 2003

(b) USE OF FUNDS.—The Medical Follow-Up Agency shall use funds made available under subsection (a) for epidemiological research on members of the Armed Forces and veterans. (c) SUPPLEMENT NOT SUPPLANT.—Amounts made available to the Medical Follow-Up Agency under this section for a fiscal year for the purposes referred to in subsection (b) are in addition to any other amount made available to the Agency for that fiscal year for those purposes.

TITLE VII—OTHER MATTERS SEC. 701. TIME LIMITATIONS ON RECEIPT OF CLAIM INFORMATION PURSUANT TO REQUESTS OF DEPARTMENT OF VETERANS AFFAIRS.

38 USC 5102 note.

38 USC 5103 note.

VerDate 11-MAY-2000

13:59 Aug 30, 2004

(a) INFORMATION TO COMPLETE CLAIMS APPLICATIONS.—Section 5102 is amended by adding at the end the following new subsection: ‘‘(c) TIME LIMITATION.—(1) If information that a claimant and the claimant’s representative, if any, are notified under subsection (b) is necessary to complete an application is not received by the Secretary within one year from the date such notice is sent, no benefit may be paid or furnished by reason of the claimant’s application. ‘‘(2) This subsection shall not apply to any application or claim for Government life insurance benefits.’’. (b) CONSTRUCTION OF LIMITATION ON INFORMATION TO SUBSTANTIATE CLAIMS.—Section 5103(b) is amended— (1) in paragraph (1), by striking ‘‘if such’’ and all that follows through ‘‘application’’ and inserting ‘‘such information or evidence must be received by the Secretary within one year from the date such notice is sent’’; and (2) by adding at the end the following new paragraph: ‘‘(3) Nothing in paragraph (1) shall be construed to prohibit the Secretary from making a decision on a claim before the expiration of the period referred to in that subsection.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect as if enacted on November 9, 2000, immediately after the enactment of the Veterans Claims Assistance Act of 2000 (Public Law 106–475; 114 Stat. 2096). (d) PROCEDURES FOR READJUDICATION OF CERTAIN CLAIMS.— (1) The Secretary of Veterans Affairs shall readjudicate a claim of a qualified claimant if the request for such readjudication is received not later than the end of the one-year period that begins on the date of the enactment of this Act. (2) For purposes of this subsection, a claimant is qualified within the meaning of paragraph (1) if the claimant— (A) received notice under section 5103(a) of title 38, United States Code, requesting information or evidence to substantiate a claim; (B) did not submit such information or evidence within a year after the date such notice was sent; (C) did not file a timely appeal to the Board of Veterans’ Appeals or the United States Court of Appeals for Veterans Claims; and (D) submits such information or evidence during the oneyear period referred to in paragraph (1).

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