U.S. Code
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Title 38
» Part PART II— GENERAL BENEFITS › Chapter CHAPTER 11— COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter SUBCHAPTER VI— GENERAL COMPENSATION PROVISIONS
38 U.S.C. § 1167
Mental health consultations
(a)In General.—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)Availability.—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)Rule of Construction.—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.(Added Pub. L. 117–328, div. V, title IV, § 404(a)(1), Dec. 29, 2022, 136 Stat. 5512.)
Notes of Decisions
Cited in
1
case (
1 in the last 5 years), 2024–2024 · leading case:
Robinson v. McDonough (Fed. Cir. 2024).
Robinson v. McDonough (Fed. Cir. 2024).
· cites it 2× “38 U.S.C. § 1167 (a). Second, the PACT Act requires the Secretary “to inform [such claimants] that they may submit a supplemental claim.”
Annotations are extracted automatically from the opinions in the
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