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

Summary

When a law, rule, court decision, or settlement creates or changes a presumption that links a condition to military service, the Secretary must find all denied dependency and indemnity compensation claims that were filed before the change and that might have turned out differently. People can choose to have those claims looked at again. If a claim is approved after reevaluation, the VA must pay benefits as if the new presumption had been in effect on the date the original claim was filed, even though section 5110 might normally affect the effective date. The VA must tell affected people and groups about this option. The VA must post a notice on its website, notify veterans service organizations in writing or electronically, and contact each identified claimant the same way the VA 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