38 U.S.C. § 1171 — Procedures to determine presumptions of

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. Procedures to determine presumptions of service connection based on toxic exposure; definitions (a) PROCEDURES.—The Secretary shall deter- mine whether to establish, or to remove, pre- sumptions of service connection based on toxic exposure pursuant to this subchapter, whereby— (1) under section 1172 of this title— (A) the Secretary provides— (i) public notice regarding what formal evaluations the Secretary plans to con- duct; and (ii) the public an opportunity to com- ment on the proposed formal evaluations; (B) the working group established under subsection (b) of such section provides— (i) advice to the Secretary on toxic-ex- posed 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 ex- posure should be reviewed; (2) the Secretary provides for formal evalua- tions of such recommendations under section 1173 of this title and takes into account re- ports received by the Secretary from the Na- tional Academies of Sciences, Engineering, and Medicine under section 1176 of this title; and (3) the Secretary issues regulations under section 1174 of this title. (b) DEFINITIONS.—In this subchapter: (1) The term ‘‘illness’’ includes a disease or other condition affecting the health of an indi- vidual, including mental and physical health. (2) The term ‘‘Individual Longitudinal Expo- sure Record’’ includes— (A) service records; (B) any database maintained by the De- partment of Defense and shared with the De- partment of Veterans Affairs to serve as a central portal for exposure-related data that compiles, collates, presents, and provides available occupational and environmental exposure information to support the needs of the Department of Defense and the Depart- ment of Veterans Affairs; or (C) any successor system to a database de- scribed in subparagraph (B). (Added Pub. L. 117–168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1767.) Statutory Notes and Related Subsidiaries CORRECTION OF EXPOSURE RECORDS BY MEMBERS OF THE ARMED FORCES AND VETERANS Pub. L. 117–168, title VIII, § 803, Aug. 10, 2022, 136 Stat. 1802, provided that: ‘‘(a) IN GENERAL.—The Secretary of Veterans Affairs shall coordinate with the Secretary of Defense to pro- vide a means for veterans to update their records as necessary to reflect exposures to occupational or envi- ronmental hazards by such member or veteran in the Individual Longitudinal Exposure Record. ‘‘(b) EVIDENCE.— ‘‘(1) PROVISION OF EVIDENCE.—To update a record under subsection (a), a veteran shall provide such evi- dence as the Secretary of Veterans Affairs considers necessary. ‘‘(2) REGULATIONS.—The Secretary of Veterans Af- fairs shall prescribe by regulation the evidence con- sidered necessary under paragraph (1). ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) INDIVIDUAL LONGITUDINAL EXPOSURE RECORD.— The term ‘Individual Longitudinal Exposure Record’ has the meaning given such term in section 1171 of title 38, United States Code, as added by section 202. ‘‘(2) TOXIC EXPOSURE.—The term ‘toxic exposure’ has the meaning given such term in section 101 of title 38, United States Code, as amended by section 102(b).’’ § 1172. Annual notice and opportunity for public comment (a) NOTICE REQUIRED.—(1)(A) Not less fre- quently than once each year, the Secretary shall