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38 U.S.C. § 1167Mental health consultations

submitted 4 years ago by Pub. L. 117-328 to r/title-38-VETERANS-BENEFITS · 189 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules about mental health consultations. It states the duties, permissions, limits, exceptions, or procedures that apply to that subject.

(a) In General.— within 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 must offer the veteran a mental health consultation to assess the mental health needs of, and care options for, the veteran. (b) Availability.— The Secretary must— (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 must 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.
the actual law source: uscode.house.gov ↗public domain
(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.

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

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-328 · 136 Stat. 5512

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-328 on 2022-12-29.

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