38 USC 1305 – Reevaluation of dependency and indemnity compensation determinations pursuant to changes in presumptions of service connection
(a)
(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).
Terms Used In 38 USC 1305
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- writing: includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise. See 1 USC 1
(b)
(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.