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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 38 U.S.C. § 1167 Outreach pursuant to changes in presumptions of service connection us united_states_code code_section 38 VETERANS BENEFITS 11 COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH 1167 38 U.S.C. § 1167 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip /us/usc/t38/s1167 data/legal/raw/us/code/title-38/usc38.xml f9a73eb2e58e0bd51ed11bb9a51073fe0a6ae0f7a9c341b78adea07130ee91ea 372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66 f726317c47e99286a71aa37c9a42115f4176883e3db3286cf6c7e2df252ed4a6 2026-07-04 official
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38 U.S.C. § 1167 - Outreach pursuant to changes in presumptions of service connection

Text

(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. 117168, title II, § 203(a), Aug. 10, 2022, 136 Stat. 1775.)

Notes

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 117168, title II, § 203(b), Aug. 10, 2022, 136 Stat. 1776, provided that: “Section 1167 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 ConstructionPub. L. 117168, title II, § 203(c), Aug. 10, 2022, 136 Stat. 1776, provided that: “Nothing in this section [enacting this section and provisions set out as a note above] shall be construed as— “(1) 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]; or “(2) requiring a retroactively applied effective date of a supplemental claim earlier than the date a presumption of service connection is established or modified.”