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38 U.S.C. § 1132 — Presumption of sound condition

submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 83 words · no verdicts yet

in plain englishAI-generated · not legal advice

For purposes of section 1131, this section presumes that a person who served at least six months entered service in sound condition. The presumption does not apply to conditions noted at entry or supported by specified evidence or medical judgment as existing before entry.

For the purposes of section 1131 of this title , every person employed in the active military, naval, air, or space service for six months or more must be taken to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance and enrollment, or where evidence or medical judgment is such as to warrant a finding that the disease or injury existed before acceptance and enrollment.
the actual law source: uscode.house.gov ↗public domain

For the purposes of section 1131 of this title, every person employed in the active military, naval, air, or space service for six months or more shall be taken to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance and enrollment, or where evidence or medical judgment is such as to warrant a finding that the disease or injury existed before acceptance and enrollment.

Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 332; renumbered § 1132 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–283, div. A, title IX, § 926(a)(11), Jan. 1, 2021, 134 Stat. 3830.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-857 · 72 Stat. 1122
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 406
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3830

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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