You have requested our views regarding the scope of VA’s notification obligation under section 7722 “or any other legal authority,” and we note that a duty to provide notice or information to claimants may sometimes arise under statutory provisions other than section 7722. See, e.g., 38 U.S.C. §§ 3563, 5107(a). However, because we believe that section 7722 provides the sole notification obligation pertinent to the specific facts described in your opinion request, we have limited our analysis to the scope of the duty under that provision. The scope of VA’s obligation may differ under other statutory provisions.
HELD:
a. The provisions of 38 U.S.C. § 7722, as interpreted by the Court of Veterans Appeals, require VA to inform individuals of their potential entitlement to Department of Veterans Affairs benefits when (1) such individuals meet the statutory defini-
tion of “eligible veteran” or “eligible dependent,” and (2) VA is aware or reasonably should be aware that such individuals are potentially entitled to VA benefits. VA’s duty to provide information and assistance to such individuals requires only such actions as are reasonable under the circumstances.
b. The notification requirements currently in 38 U.S.C. § 7722 and previously in 38 U.S.C. § 241 have been in effect since March 26, 1970, and do not apply retroactively to any period prior to that date.
c. A failure by VA to provide the notice required by 38 U.S.C. § 7722 may not provide a basis for awarding re-
troactive benefits in a manner inconsistent with express statutory requirements, except insofar as a court may order such benefits pursuant to its general equitable authority or the Secretary of Veterans Affairs may award such benefits pursuant to his equitable-relief authority under 38 U.S.C. § 503(a).
