38 USC § 1167 - Mental health consultations

---
identifier: "/us/usc/t38/s1167"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 1167 - Mental health consultations"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "1167"
section_name: "Mental health consultations"
chapter_number: 11
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
subchapter_number: "VI"
subchapter_name: "GENERAL COMPENSATION PROVISIONS"
part_number: "II"
part_name: "GENERAL BENEFITS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 117–328, div. V, title IV, § 404(a)(1), Dec. 29, 2022, 136 Stat. 5512.)"
---


# § 1167.1 Mental health consultations

Another section 1167 is set out preceding section 1168.

**(a)** **In General.—** Not later than 30 days after the date on which a veteran submits to the Secretary a claim for compensation under this chapter for a service-connected disability relating to a mental health diagnosis, the Secretary shall offer the veteran a mental health consultation 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 subsection (a) without regard to any previous denial 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.

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**Source Credit**: (Added Pub. L. 117–328, div. V, title IV, § 404(a)(1), Dec. 29, 2022, 136 Stat. 5512.)