§ 5100 Definitions
§ 5101 Claims and forms
§ 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
§ 5104 Decisions and notices of decisions
§ 5104A Binding nature of favorable findings
§ 5104B Higher-level review by the agency of original jurisdiction
§ 5104C Options following decision by agency of original jurisdiction
§ 5105 Joint applications for social security and dependency and indemnity compensation
§ 5106 Furnishing of information by other agencies
§ 5107 Claimant responsibility; benefit of the doubt
§ 5108 Supplemental claims
§ 5109 Independent medical opinions
§ 5109A Revision of decisions on grounds of clear and unmistakable error
§ 5109B Expedited treatment of returned and remanded claims

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Terms Used In U.S. Code > Title 38 > Part IV > Chapter 51 > Subchapter I - Claims

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dependent: A person dependent for support upon another.
  • determined to be obscene: means determined, in a final judgment of a court of record and of competent jurisdiction in the United States, to be obscene. See 20 USC 9101
  • digital literacy skills: means the skills associated with&mdash. See 20 USC 9101
  • Director: means the Director of the Institute appointed under section 9103 of this title. See 20 USC 9101
  • Donor: The person who makes a gift.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • final judgment: means a judgment that is&mdash. See 20 USC 9101
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
  • Institute: means the Institute of Museum and Library Services established under section 9102 of this title. See 20 USC 9101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Museum and Library Services Board: means the National Museum and Library Services Board established under section 9105a of this title. See 20 USC 9101
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • obscene: means , with respect to a project, that&mdash. See 20 USC 9101
  • officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
  • writing: includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise. See 1 USC 1