§1167.¹ Outreach pursuant to changes in presumptions of service connection

(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.

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

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 117–168, title II, §203(b), Aug. 10, 2022, 136 Stat. 1776 , provided that: "Section 1167 of title 38, United States Code, as added by subsection (a), shall apply with respect to presumptions of service connection established or modified on or after the date of the enactment of this Act [Aug. 10, 2022], including pursuant to amendments made by this Act [see Short Title of 2022 Amendment note set out under section 101 of this title]."

Rule of Construction

Pub. L. 117–168, title II, §203(c), Aug. 10, 2022, 136 Stat. 1776 , provided that: "Nothing in this section [enacting this section and provisions set out as a note above] shall be construed as-

"(1) modifying the obligations of the Department of Veterans Affairs under Federal court decisions or settlements in effect as of the date of the enactment of this Act [Aug. 10, 2022]; or

"(2) requiring a retroactively applied effective date of a supplemental claim earlier than the date a presumption of service connection is established or modified."

¹ Another section 1167 is set out after section 1168.