38 U.S.C. § 1305 — Reevaluation of dependency and indemnity compensation determinations pursuant to changes in presumptions of service connection
submitted 4 years ago by Pub. L. 117-168 to r/title-38-VETERANS-BENEFITS · 277 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
Whenever a law, including through a regulation or Federal court decision or settlement, establishes or modifies a presumption of service connection, the Secretary* shall—
identify all claims for dependency and indemnity compensation* under this chapter that—
were submitted to the Secretary;
were evaluated and denied by the Secretary before the date on which such provision of law went into effect; and
might have been evaluated differently had the establishment or modification been applicable to the claim;
allow for the reevaluation of such claims at the election of the claimant; and
notwithstanding section 5110 of this title, with respect to claims approved pursuant to such reevaluation, provide compensation* under this chapter effective as if the establishment or modification of the presumption of service connection had been in effect on the date of the submission of the original claim described in paragraph (1).
The Secretary shall conduct outreach to inform relevant claimants that they may elect to have a claim be reevaluated in light of the establishment or modification of a presumption of service connection described in subsection (a).
Outreach under paragraph (1) shall include the following:
The Secretary shall publish on the internet website of the Department* a notice that such claimants may elect to have a claim so reevaluated.
The Secretary shall notify, in writing or by electronic means, veterans service organizations of the ability of such claimants to elect to have a claim so reevaluated.
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, § 204(a), Aug. 10, 2022, 136 Stat. 1776.)
- 2022Enacted · Pub. L. 117-168 · 136 Stat. 1776
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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