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38 U.S.C. § 1167 — Outreach pursuant to changes in presumptions of service connection

submitted 4 years ago by Pub. L. 117-168 to r/title-38-VETERANS-BENEFITS · 214 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules about outreach pursuant to changes in presumptions of service connection. It states the duties, permissions, limits, exceptions, or procedures that apply to that subject.

(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 must—
(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) under subsection (b), conduct outreach to the claimants.

(b) Outreach.—
(1) The Secretary must 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) must include the following:
(A) The Secretary must publish on the internet website of the Department a notice that such veterans may elect to file a supplemental claim.
(B) The Secretary must notify, in writing or by electronic means, veterans service organizations of the ability of such veterans to file a supplemental claim.
(C) The Secretary must contact each claimant identified under subsection (a) in the same manner that the Department last provided notice of a decision.

the actual law source: uscode.house.gov ↗public domain
(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.

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

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-168 · 136 Stat. 1775

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-168 on 2022-08-10.

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