38 USC 1167: Mental health consultations
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38 USC 1167: Mental health consultations Text contains those laws in effect on November 14, 2024
From Title 38-VETERANS' BENEFITSPART II-GENERAL BENEFITSCHAPTER 11-COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATHSUBCHAPTER VI-GENERAL COMPENSATION PROVISIONS
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§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 .)

1 Another section 1167 is set out preceding section 1168.