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38 U.S.C. § 1172 — Annual notice and opportunity for public comment
Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice Required.—**
(1)
(A) Not less frequently than once each year, the Secretary shall publish in the Federal Register notice of the formal evaluations that the Secretary plans to conduct pursuant to [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim).
(B) Each notice published under subparagraph (A) shall include, for each formal evaluation referred to in the notice, an explanation as to why the military environmental exposures and adverse health outcomes that are the subject of the formal evaluation were chosen by the Secretary for formal evaluation under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim).
(2)
(A) With each notice published under paragraph (1), the Secretary shall seek public comment on the military environmental exposures and adverse health outcomes that are the subject of the formal evaluations referred to in the notice.
(B) The Secretary shall—
(i) consider all public comment received under subparagraph (A); and
(ii) publish in the Federal Register a response to the comments received under subparagraph (A).
(3)
(A) For each notice published under paragraph (1), the Secretary shall hold an open meeting for members of the public to voice their comments in response to the notice.
(B) To help evaluate presumptions of service connection, the Secretary shall, not less frequently than quarterly, collaborate with, partner with, and give weight to the advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate.
(4) Failure to include a military environmental exposure or adverse health effect in a Federal Register
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1172
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Source file: Laws/federal/codes/united-states-code/title-38/section-1172-annual-notice-and-opportunity-for-public-comment--2f55ab4840.md
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Source location: Title 38, Chapter 11, § 1172; chapter-011-compensation-for-service-connected-disability-or-death.md
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**(a) Notice Required.—**
(1)
(A) Not less frequently than once each year, the Secretary shall publish in the Federal Register notice of the formal evaluations that the Secretary plans to conduct pursuant to [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim).
(B) Each notice published under subparagraph (A) shall include, for each formal evaluation referred to in the notice, an explanation as to why the military environmental exposures and adverse health outcomes that are the subject of the formal evaluation were chosen by the Secretary for formal evaluation under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim).
(2)
(A) With each notice published under paragraph (1), the Secretary shall seek public comment on the military environmental exposures and adverse health outcomes that are the subject of the formal evaluations referred to in the notice.
(B) The Secretary shall—
(i) consider all public comment received under subparagraph (A); and
(ii) publish in the Federal Register a response to the comments received under subparagraph (A).
(3)
(A) For each notice published under paragraph (1), the Secretary shall hold an open meeting for members of the public to voice their comments in response to the notice.
(B) To help evaluate presumptions of service connection, the Secretary shall, not less frequently than quarterly, collaborate with, partner with, and give weight to the advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate.
(4) Failure to include a military environmental exposure or adverse health effect in a Federal Register notice published pursuant to subsection (a) shall not preclude the Secretary from initiating a formal evaluation of such exposure or health effect.
**(b) Working Group.—**
(1) The Secretary shall establish a working group within the Department (in this section referred to as the “Working Group”).
(2) The Working Group shall include personnel of the Veterans Health Administration and the Veterans Benefits Administration.
(3) The Secretary shall consult with, and seek the advice of, the Working Group with respect to cases in which—
(A) a veteran may have, during active military, naval, air, or space service, experienced a toxic exposure; or
(B) a dependent of a veteran may have experienced a toxic exposure during the active military, naval, air, or space service of the veteran.
**(c) Assessments.—**
(1) The Working Group shall assess cases of the toxic exposure of veterans and their dependents that occurred during active military, naval, air, or space service, including by conducting ongoing surveillance and reviewing such exposure described in scientific literature, media reports, information from veterans, and information from Congress.
(2) The assessments under paragraph (1) shall cover suspected and known toxic exposures occurring during active military, naval, air, or space service, including by identifying and evaluating new and emerging toxic exposures that are not recognized under existing presumptions of service connection.
(3) The Working Group may conduct an assessment under paragraph (1) in response to a comment received under paragraph (2) or (3) of subsection (a).
(4) The Working Group shall, in consultation with the Secretary of Defense, on a periodic basis, assess the Individual Longitudinal Exposure Record to ensure the accuracy of data collected.
**(d) Development of Recommendations.—**
(1) Following an assessment of a case of the toxic exposure of veterans that occurred during active military, naval, air, or space service under subsection (c), or their dependents, the Working Group may develop a recommendation for formal evaluation under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim) to conduct a review of the health effects related to the case of exposure if the Working Group determines that the research may change the current understanding of the relationship between an exposure to an environmental hazard and adverse health outcomes in humans.
(2) Upon receipt of evidence suggesting that previous findings regarding the periods and locations of exposure covered by an existing presumption of service connection are no longer supported, the Working Group may nominate such evidence for formal evaluation under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim) to modify the periods and locations.
**(e) Reports by the Working Group.—** Not less frequently than once each year, the Working Group shall submit to the Secretary, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives, and make publicly available, a report on—
(1) recommendations developed under subsection (d), if any; and
(2) recommendations for such legislative or administrative action as the Working Group considers necessary for the Working Group to be more effective in carrying out the requirements of this section.
**(f) Responses by Secretary.—** In response to each report submitted under subsection (e), the Secretary shall, not later than 30 days after receiving the report, initiate a formal evaluation pursuant to [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Formal Evaluations.—** The Secretary shall establish a process to conduct a formal evaluation with respect to each recommendation made by the Working Group under [section 1172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1172&num=0&edition=prelim).
**(b) Evidence, Data, and Factors.—** The Secretary shall ensure that each formal evaluation under subsection (a) covers the following:
(1) Scientific evidence, based on the review of available scientific literature, including human, toxicological, animal, and methodological studies, and other factors.
(2) Claims data, based on the review of claim rate, grant rate, and service connection prevalence, and other factors.
(3) Other factors the Secretary determines appropriate, such as—
(A) the level of disability and mortality caused by the health effects related to the case of toxic exposure being evaluated;
(B) the quantity and quality of the information available and reviewed;
(C) the feasibility of and period for generating relevant information and evidence;
(D) whether such health effects are combat- or deployment-related;
(E) the ubiquity or rarity of the health effects; and
(F) any time frame during which a health effect must become manifest.
**(c) Conduct of Evaluations.—**
(1) The Secretary shall ensure that each formal evaluation under subsection (a)—
(A) reviews scientific evidence in a manner that—
(i) conforms to principles of scientific and data integrity;
(ii) is free from suppression or distortion of scientific or technological findings, data, information, conclusions, or technical results; and
(B)
(i) evaluates the likelihood that a positive association exists between an illness and a toxic exposure while serving in t
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1173
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Consideration of Records.—** If a veteran submits to the Secretary a claim for compensation for a service-connected disability under [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim) with evidence of a disability and a toxic exposure that occurred during active military, naval, air, or space service, the Secretary may, in adjudicating such claim, consider—
(1) any record of the veteran in an exposure tracking record system; and
(2) if no record of the veteran in an exposure tracking record system indicates that the veteran was subject to a toxic exposure during active military, naval, air, or space service, the totality of the circumstances of the service of the veteran.
**(b) Presumption of Specific Toxic Exposure for Members Who Served in Certain Locations.—**
(1) The Secretary shall, for purposes of section 1110 and chapter 17 of this title, presume that any covered veteran was exposed to the substances, chemicals, and airborne hazards identified in the list under paragraph (2) during the service of the covered veteran specified in subsection (c)(1), unless there is affirmative evidence to establish that the covered veteran was not exposed to any such substances, chemicals, or hazards in connection with such service.
(2) The Secretary shall—
(A) establish and maintain a list that contains an identification of one or more such substances, chemicals, and airborne hazards as the Secretary, in collaboration with the Secretary of Defense, may determine appropriate for purposes of this section; and
(B) determine, using procedures consistent with [section 1172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1172&num=0&edition=prelim)
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1119
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedures.—** The Secretary shall determine whether to establish, or to remove, presumptions of service connection based on toxic exposure pursuant to this subchapter, whereby—
(1) under [section 1172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1172&num=0&edition=prelim)—
(A) the Secretary provides—
(i) public notice regarding what formal evaluations the Secretary plans to conduct; and
(ii) the public an opportunity to comment on the proposed formal evaluations;
(B) the working group established under subsection (b) of such section provides—
(i) advice to the Secretary on toxic-exposed veterans and cases in which veterans who, during active military, naval, air, or space service, may have experienced a toxic exposure or their dependents may have experienced a toxic exposure while the veterans were serving in the active military, naval, air, or space service;
(ii) recommendations to the Secretary on corrections needed in the Individual Longitudinal Exposure Record to better reflect veterans and dependents described in clause (i); and
(iii) recommendations to the Secretary regarding which cases of possible toxic exposure should be reviewed;
(2) the Secretary provides for formal evaluations of such recommendations under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim) and takes into account reports received by the Secretary from the National Academies of Sciences, Engineering, and Medicine under [section 1176 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1176&num=0&edition=prelim); and
(3) the Secretary issues regulations under [section 1174 of this title](http
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1171
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary may modify the process under which the working group established under subsection (b) of [section 1172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1172&num=0&edition=prelim) conducts assessments under such section, the Secretary conducts formal evaluations under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim), and issues regulations under [section 1174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1174&num=0&edition=prelim) if—
(1) such evaluations cover the evidence, data, and factors required by subsection (b) of such section 1173; and
(2) a period of 180 days has elapsed following the date on which the Secretary submits the notice under subsection (b) regarding the modification.
**(b) Notice.—** If the Secretary proposes to modify the process under which the working group established under subsection (b) of [section 1172 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1172&num=0&edition=prelim) conducts assessments under such section, the process under which the Secretary conducts formal evaluations under [section 1173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1173&num=0&edition=prelim), or issues regulations under [section 1174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1174&num=0&edition=prelim), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a notice of the proposed modifications containing the following:
(1) A des
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1175
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Federal law — U.S. Code and appendices · legal_authorities
Page 201
TITLE 38—VETERANS’ BENEFITS
§ 1172
1 Another section 1167 is set out preceding section 1168.
(c) TOXIC EXPOSURE RISK ACTIVITY DEFINED.—
In this section, the term ‘‘toxic exposure risk
activity’’ has the meaning given that term in
section 1710(e)(4) of this title.
(Added Pub. L. 117–168, title III, § 303, Aug. 10,
2022, 136 Stat. 1779.)
§ 1167.1 Mental health consultations
(a) IN GENERAL.—Not later than 30 days after
the date on which a veteran submits to the Sec-
retary a claim for compensation under this
chapter for a service-connected disability relat-
ing to a mental health diagnosis, the Secretary
shall offer the veteran a mental health consulta-
tion 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 sub-
section (a) without regard to any previous de-
nial 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.)
SUBCHAPTER
VII—DETERMINATIONS
RE-
LATING TO PRESUMPTIONS OF SERVICE
CONNECTION
BASED
ON
TOXIC
EXPO-
SURE
§ 1171. Proc
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1172
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.