Menu

Federal statute · 38 USC § 5106

38 USC 5106: Federal Agency Records in a VA Claim

§ 5106. Furnishing of information by other agencies

You are reading a saved library version. Open the latest library explanation.

Claim Raven explanation

What this means

This statute authorizes VA to request information from other federal agencies for benefit eligibility, payment amounts, or verification. The agency providing the information bears the specified cost.

The provision supports information sharing but does not mean VA automatically has every federal record relevant to a claim. Identifying the agency and records can still be important under the evidence-development process.

How this helps your claim

If a relevant federal record is missing, identify where it is held and why it matters to the disputed issue. Then check the file for the request and response.

What to check in your records

Use your decision, examination reports, and relevant records to check the following points.

  • Identify the federal agency holding the relevant records.
  • Provide enough dates and record details for a focused request.
  • Check whether VA obtained the information or documented why it was unavailable.

Identify the federal record rather than assuming it is present

Information sharing can support eligibility and payment decisions, but the statutory authority does not prove that every relevant federal record has already reached the claims file. Identify the agency, type of record and approximate period when the information may matter.

Compare VA's evidence list and request history with that source. A record held by another agency may serve a different purpose from a VA medical report, even if both concern the same event. Keep those distinctions clear when assessing what information is missing.

Does this mean I never need to identify federal records?

No. Identifying relevant records can still be important under the evidence-development provisions. The statute authorizes requests; it does not establish automatic possession of every file. Clear source information helps distinguish an unavailable record from a record that has not yet been reasonably identified.

Put this information to use

See what your claim document supports

Start a free Claim Readiness Review to see what one document supports and what may be missing. Choose your document, then confirm your email to run the review.

One free review per verified email. The review does not predict a rating or guarantee a VA decision. You decide what to file.

Official statutory text

38 USC § 5106

OLRC release through Public Law 119-102 (July 12, 2026). Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.

§ 5106. Furnishing of information by other agencies

The head of any Federal department or agency shall provide such information to the Secretary as the Secretary may request for purposes of determining eligibility for or amount of benefits, or verifying other information with respect thereto. The cost of providing information to the Secretary under this section shall be borne by the department or agency providing the information.

Related references

Browse the M21 manual library

Ready to review your own document? Start your free claim review.