§ 1167. Outreach pursuant to changes in presumptions of service connection

403 words·~2 min read·/usc/title-38/section-1167

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(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.)

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