38 U.S.C. § 1113 — Presumptions rebuttable

submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 168 words · no verdicts yet

in plain englishAI-generated · not legal advice

The listed veterans’ service-connection and compensation presumptions do not apply when contrary evidence, an intervening cause, or willful misconduct is shown. The section does not prevent service connection when sound judgment otherwise shows that a condition began or worsened during active service.

(a) Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of any of the diseases or disabilities within the purview of section 1112, 1116, 1117, 1118, or 1120 of this title, has been suffered between the date of separation from service and the onset of any such diseases or disabilities, or the disability is due to the veteran’s own willful misconduct, service-connection pursuant to section 1112, 1116, 1118, or 1120 of this title, or payments of compensation pursuant to section 1117 of this title, will not be in order. (b) Nothing in section 1112, 1116, 1117, 1118, or 1120 of this title, subsection (a) of this section, or section 5 of Public Law 98–542 ( 38 U.S.C. 1154 note) must be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, air, or space service.

the actual law source: uscode.house.gov ↗public domain

(a)

Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of any of the diseases or disabilities within the purview of section 1112, 1116, 1117, 1118, or 1120 of this title, has been suffered between the date of separation from service and the onset of any such diseases or disabilities, or the disability is due to the veteran’s own willful misconduct, service-connection pursuant to section 1112, 1116, 1118, or 1120 of this title, or payments of compensation pursuant to section 1117 of this title, will not be in order.

(b)

Nothing in section 1112, 1116, 1117, 1118, or 1120 of this title, subsection (a) of this section, or section 5 of Public Law 98–542 (38 U.S.C. 1154 note) shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, air, or space service.

Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1120, § 313; Pub. L. 102–4, § 2(b), Feb. 6, 1991, 105 Stat. 13; renumbered § 1113 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title I, § 106(b), title V, § 501(b)(1), Nov. 2, 1994, 108 Stat. 4651, 4663; Pub. L. 105–277, div. C, title XVI, § 1602(b), Oct. 21, 1998, 112 Stat. 2681–744; Pub. L. 116–283, div. A, title IX, § 926(a)(9), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 117–168, title IV, § 406(c), Aug. 10, 2022, 136 Stat. 1784.)

history & why it existsrecord from the source credit

1958Enacted · Pub. L. 85-857 · 72 Stat. 1120
1991Amended · Pub. L. 102-4 · 105 Stat. 13
1991Amended · Pub. L. 102-83 · 105 Stat. 406
1994Amended · Pub. L. 103-446 · 108 Stat. 4651, 4663
1998Amended · Pub. L. 105-277 · 112 Stat. 2681
2021Amended · Pub. L. 116-283 · 134 Stat. 3830
2022Amended · Pub. L. 117-168 · 136 Stat. 1784

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.

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