
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC5107]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART IV--GENERAL ADMINISTRATIVE PROVISIONS
 
            CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
 
                          SUBCHAPTER I--CLAIMS
 
Sec. 5107. Burden of proof; benefit of the doubt

    (a) Except when otherwise provided by the Secretary in accordance 
with the provisions of this title, a person who submits a claim for 
benefits under a law administered by the Secretary shall have the burden 
of submitting evidence sufficient to justify a belief by a fair and 
impartial individual that the claim is well grounded. The Secretary 
shall assist such a claimant in developing the facts pertinent to the 
claim. Such assistance shall include requesting information as described 
in section 5106 of this title.
    (b) When, after consideration of all evidence and material of record 
in a case before the Department with respect to benefits under laws 
administered by the Secretary, there is an approximate balance of 
positive and negative evidence regarding the merits of an issue material 
to the determination of the matter, the benefit of the doubt in 
resolving each such issue shall be given to the claimant. Nothing in 
this subsection shall be construed as shifting from the claimant to the 
Secretary the burden specified in subsection (a) of this section.

(Added Pub. L. 100-687, div. A, title I, Sec. 103(a)(1), Nov. 18, 1988, 
102 Stat. 4106, Sec. 3007; renumbered Sec. 5107 and amended Pub. L. 102-
40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; 
Pub. L. 102-83, Sec. 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 
105 Stat. 403-405.)


                               Amendments

    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3007 of 
this title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in two places.
    Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the 
Secretary'' for ``administered by the Veterans' Administration''.
    Pub. L. 102-40, Sec. 402(d)(1), substituted ``5106'' for ``3006''.
    Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' before ``the burden''.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration''.
    Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the 
Secretary'' for ``administered by the Veterans' Administration''.


                             Effective Date

    Section effective Sept. 1, 1989, see section 401(a) of Pub. L. 100-
687, set out as a note under section 7251 of this title.
