Title 38 — Veterans' BenefitsRelease 119-84

§1167 Mental health consultations

Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 11— - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter SUBCHAPTER VI— - GENERAL COMPENSATION PROVISIONS › § 1167

Last updated Apr 22, 2026|Official source

Summary

The VA must offer a mental health consultation within 30 days after a veteran files a claim for compensation for a service-related mental health condition. The consultation is to look at the veteran’s mental health needs and possible care options. The offer must be made even if the veteran’s claim was earlier denied or approved. The veteran can choose to have the consultation within one year from the date of the offer, or later if the VA allows. Having the consultation does not mean the condition is officially found to be service-connected for benefits.

Full Legal Text

Title 38, §1167

Veterans' Benefits — Source: USLM XML via OLRC

(a)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)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)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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 1167

Title 38 — Veterans' Benefits

Last Updated

Apr 22, 2026

Release point: 119-84