PREC 11-00 Effective Date of Public Law No. 106-475 -- Duty to Assist Citation: Vet. Aff. Op. Gen. Couns. Prec. 11-00, VAOPGCPREC 11-00, 2000 QUESTION PRESENTED: Do the provisions of Pub. L. No. 106-475, for which that act does not specify an effective date, apply to claims filed before the date of enactment of the act but not finally decided as of that date? HELD: On November 9, 2000, the President approved the Veterans Claims Assistance Act of 2000, Pub. L. No. 106-475, 114 Stat. 2096, which made several changes to statutory provisions governing Department of Veterans Affairs (VA) benefit claims, VA’s duties to inform claimants about the completion and substantiation of their claims, and VA’s duties to assist claimants in obtaining evidence necessary to substantiate their claims. Among other things, the act amended 38 U.S.C. §§ 5102, 5103, and 5107 and created new 38 U.S.C. §§ 5100 and 5103A. Section 7(a) of the act, 114 Stat. at 2099, specifies that section 5107 as amended applies to claims filed on or after the date of the act’s enactment or to claims filed before then but not finally decided as of that date. However, the act does not specify the effective date of the other provisions of title 38, United States Code, created or amended by the act. We conclude that all of the act’s provisions apply to claims filed on or after November 9, 2000, as well as to claims filed before then but not finally decided as of that date. |
