(a)
Purpose. This section states effective date and election rules based on amendments made under Public Law 117-168, which provides for the reevaluation of certain previously denied dependency and indemnity compensation (DIC) claims when a law establishes or modifies a presumption of service connection.
(b)
Definitions. For purpose of this section:
(1)
Law means any law, regulation, or Federal court decision or settlement establishing or modifying a presumption of service connection.
(2)
Relevant claimant means an individual who submitted a claim for DIC to VA that was evaluated and denied by VA before the date on which such a provision of law went into effect and might have been evaluated differently had the establishment or modification of the service connection presumption been applicable to the claim.
(c)
Election of review —(1)
General. VA will not reevaluate under this section any previously denied claim for DIC prior to election by the relevant claimant.
(2)
Form of election. Reevaluation of a previously denied DIC claim must be at the election of the relevant claimant on a prescribed form pursuant to § 3.152(a).
(d)
Effective date of award. If a relevant claimant is found entitled to DIC based on the establishment or modification of a presumption of service connection, the effective date of the award will be as follows:
(1) If VA denied a claim for DIC prior to a law defined under (b)(1) of this section that establishes or modifies a presumption of service connection on or after August 10, 2022 (the date of enactment of Pub. L. 117-168), the effective date of the award will be determined 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.
(2) If the requirements of paragraph (d)(1) are not met, the effective date of the award shall be determined in accordance with §§ 3.114 and 3.400.
(e)
Outreach and identification of relevant claimants. (1) VA will conduct the following efforts to inform relevant claimants that they may elect to have a claim reevaluated in light of the establishment or modification of a presumption of service connection:
(i) Publish on the internet website of the Department a notice that such claimants may elect to have a claim so reevaluated;
(ii) Notify, in writing or by electronic means, veterans service organizations of the ability of such claimants to elect to have a claim so reevaluated; and
(iii) Notify each such claimant in the same manner that the Department last provided notice of a decision.
[88 FR 82264, Nov. 24, 2023]