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
When law creates or changes a presumption of service connection, the Secretary must identify certain previously denied dependency-and-indemnity claims and allow claimants to request reevaluation. Approved reevaluated claims receive compensation as if the presumption applied when the original claim was filed, and the Secretary must conduct outreach.
(a) Reevaluation. Whenever a law, including a regulation or Federal court decision or settlement, creates or changes a presumption of service connection, the Secretary* must (1) identify dependency-and-indemnity compensation* claims that were submitted, denied before the legal change took effect, and might have been decided differently if the change had applied; (2) let the claimant choose reevaluation; and (3) despite section 5110, for a claim approved after reevaluation, provide compensation as if the presumption had been in effect on the date the original claim was submitted.
(b) Outreach. (1) The Secretary must inform relevant claimants that they may choose reevaluation because of the new or changed presumption. (2) The outreach must include (A) an Internet notice on the Department’s website; (B) written or electronic notice to veterans’ service organizations about this option; and (C) contact with each identified claimant in the same way the Department* last notified that claimant of a decision.
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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