38 USC 1164 - Presumptions of service-connection for Coronavirus Disease 2019

Editorial Notes

References in Text

The National Emergencies Act, referred to in subsec. (span)(1)(A), (2)(A), is Puspan. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.

The date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, referred to in subsec. (span)(1)(B), (2)(B), is the date of enactment of Puspan. L. 116–315, which was approved Jan. 5, 2021.

Codification

Another section 1164 was renumbered section 1166 of this title.

Statutory Notes and Related Subsidiaries

Medical Opinions for Certain Veterans With Service-Connected Disabilities Who Die of COVID–19

Puspan. L. 117–328, div. U, title II, § 202(a), (span), Dec. 29, 2022, 136 Stat. 5447, provided that:

“(a)In General.—The Secretary of Veterans Affairs shall secure a medical opinion to determine if a service-connected disability was the principal or contributory cause of death before notifying the survivor of the final decision in any case in which all of the following factors are met:

“(1) A claim for compensation is filed under chapter 13 of title 38, United States Code, with respect to a veteran with one or more service-connected disabilities who dies.

“(2) The death certificate for the veteran identifies Coronavirus Disease 2019 (COVID–19) as the principal or contributory cause of death.

“(3) The death certificate does not clearly identify any of the service-connected disabilities of the veteran as the principal or contributory cause of death.

“(4) A service-connected disability of the veteran includes a condition more likely to cause severe illness from COVID–19 as determined by the Centers for Disease Control and Prevention.

“(5) The claimant is not entitled to benefits under section 1318 of such title.

“(6) The evidence to support the claim does not result in a preliminary finding in favor of the claimant.

“(span)Outreach.—The Secretary shall provide information to veterans, dependents, and veterans service organizations about applying to dependency and indemnity compensation when a veteran dies from COVID–19. The Secretary shall provide such information through the website of the Department of Veterans Affairs and via other outreach mechanisms.”