Title 38 — Veterans’ Benefits
Part II · Chapter 13 — Dependency and Indemnity Compensation for Service-Connected Deaths
§ 1305. Reevaluation of dependency and indemnity compensation determinations pursuant to changes in presumptions of service connection
Statutory text
Reevaluation.—
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).
Outreach.—
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Toxic Exposure in the American Military Act of 2022
Pub. L. 117–168 title II § 204(a) · 136 Stat. 1759
Enacted · 38 U.S.C. § 1305
(Added Pub. L. 117–168, title II, § 204(a), Aug. 10, 2022, 136 Stat. 1776.)
Source evidence
Code source credit
(Added Pub. L. 117–168, title II, § 204(a), Aug. 10, 2022, 136 Stat. 1776.)Enacted provision · exact public law section
(a) In General.— Subchapter I of chapter 13 38 USC prec. 1301. is amended by adding at the end the following new section: “§ 1305. Reevaluation of dependency and indemnity compensation determinations pursuant to changes in presumptions of service connection “(a) Reevaluation.— 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 dependency and indemnity 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; “(2) allow for the reevaluation of such claims at the election of the claimant; and “(3) 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). “(b) Outreach.— (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). “(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 claimants may elect to have a claim so reevaluated. “(B) 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. “(C) The Secretary shall contact each claimant identified under subsection (a) in the same manner that the Department last provided notice of a decision.” .
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 117–168, title II, § 204(b), , 136 Stat. 1777, provided that: “Section 1305 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 [], 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, § 204(c), , 136 Stat. 1777, provided that: “Nothing in this section [enacting this section and provisions set out as a note above] shall be construed as 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 [].”
Credits
(Added Pub. L. 117–168, title II, § 204(a), , 136 Stat. 1776.)