Title 38 — Veterans' BenefitsRelease 119-90

§1167 Mental Health Consultations

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

Last updated May 14, 2026|Official source

Summary

Within 30 days after a veteran files a compensation claim for a service-connected mental health condition, the VA must offer a mental health consultation to look at the veteran’s needs and care options. The VA must offer the consultation even if the veteran’s claim was earlier denied or approved. The veteran can choose to have the consultation within the one-year period after the offer, or for a longer time if the VA allows. The consultation does not count as a decision that the disability is 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

May 14, 2026

Release point: 119-90