38 U.S. Code § 1167 - Outreach pursuant to changes in presumptions of service connection [and] Mental health consultations

§ 1167.[1] Outreach pursuant to changes in presumptions of service connection

(a) In General.—

Whenever a law, including through a regulation or Federal court decision or settlement, establishes or modifies a presumption of service connection, the Secretary shall—

(1) identify all claims for compensation under this chapter that—

(A) were submitted to the Secretary;

(B) were evaluated and denied by the Secretary before the date on which such provision of law went into effect; and

(C) might have been evaluated differently had the establishment or modification been applicable to the claim; and

(2) pursuant to subsection (b), conduct outreach to the claimants.

(b) Outreach.—

(1) The Secretary shall conduct outreach to inform claimants identified under subsection (a) that they may submit a supplemental claim in light of the establishment or modification of a presumption of service connection described in subsection (a).

(2) Outreach under paragraph (1) shall include the following:

(A) The Secretary shall publish on the internet website of the Department a notice that such veterans may elect to file a supplemental claim.

(B) The Secretary shall notify, in writing or by electronic means, veterans service organizations of the ability of such veterans to file a supplemental claim.

(C) The Secretary shall contact each claimant identified under subsection (a) in the same manner that the Department last provided notice of a decision.

(Added Pub. L. 117–168, title II, § 203(a), Aug. 10, 2022, 136 Stat. 1775.)

§ 1167.[1] Mental health consultations

(a) In General.—

Not later than 30 days after the date on which a veteran submits to the Secretary a claim for compensation under this chapter for a service-connected disability relating to a mental health diagnosis, the Secretary shall offer the veteran a mental health consultation to assess the mental health needs of, and care options for, the veteran.

(b) Availability.—

The Secretary shall—

(1) offer a veteran a consultation under subsection (a) without regard to any previous denial or approval of a claim of that veteran for a service-connected disability relating to a mental health diagnosis; and

(2) ensure that a veteran offered a mental health consultation under subsection (a) may elect to receive such consultation during the one-year period beginning on the date on which the consultation is offered or during such longer period beginning on such date as the Secretary considers appropriate.

(c) Rule of Construction.—

A consultation provided to a veteran under this section shall not be construed as a determination that any disability of such veteran is service-connected for the purposes of any benefit under the laws administered by the Secretary.

(Added Pub. L. 117–328, div. V, title IV, § 404(a)(1), Dec. 29, 2022, 136 Stat. 5512.)

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[1]  Another is set out after section 1168.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 117–168, title II, § 203(b), Aug. 10, 2022, 136 Stat. 1776, provided that:

“Section 1167 of title 38, United States Code, as added by subsection (a), shall apply with respect to presumptions of service connection established or modified on or after the date of the enactment of this Act [Aug. 10, 2022], including pursuant to amendments made by this Act [see Short Title of 2022 Amendment set out under section 101 of this title].”

Rule of Construction

Pub. L. 117–168, title II, § 203(c), Aug. 10, 2022, 136 Stat. 1776, provided that:

“Nothing in this section [enacting this section and provisions set out as a note above] shall be construed as—

“(1) modifying the obligations of the Department of Veterans Affairs under Federal court decisions or settlements in effect as of the date of the enactment of this Act [Aug. 10, 2022]; or

“(2) requiring a retroactively applied effective date of a supplemental claim earlier than the date a presumption of service connection is established or modified.”

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[1]  Another is set out preceding section 1168.