§1305 — Title 38 Veterans' Benefits | U.S. Code

Summary

If a law, regulation, federal court decision, or settlement creates or changes a presumption that a condition is related to military service, the Secretary must find all submitted claims for dependency and indemnity compensation (survivor benefits) that were denied before that change and that might have been decided differently. The Secretary must let claimants choose to have those denied claims reviewed again. If a claim is approved after that review, the Secretary must pay benefits starting from the date the original claim was filed, even if section 5110 would normally affect the start date. The Secretary must also tell people about this option. The Department must post a notice on its website, notify veterans service organizations in writing or electronically, and contact each affected claimant the same way it last sent them a decision.

Title 38, §1305

Veterans' Benefits — Source: USLM XML via OLRC

(a)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)(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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 117–168, title II, § 204(b), Aug. 10, 2022, 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 [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, § 204(c), Aug. 10, 2022, 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 [Aug. 10, 2022].”

§1305 Reevaluation of dependency and indemnity compensation determinations pursuant to changes in presumptions of service connection