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38 U.S.C. § 108 — Seven-year absence presumption of death

submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 121 words · no verdicts yet

in plain englishAI-generated · not legal advice

State death-presumption laws don't apply to veterans benefits claims. Instead, if someone is missing and unexplained for seven years after a diligent search, they are presumed dead. The Secretary's death finding is final, except in lawsuits under section 1984.

(a) No state law that presumes someone is dead can be used for benefits claims under laws the Secretary administers. (b) If satisfactory evidence is submitted showing a person has been continuously and unexplainably absent from their home and family for seven years or more, and that a diligent search turned up no evidence the person is still alive since they disappeared, then that person's death is considered sufficiently proven — as of the date that seven-year period ended. (c) Except in a lawsuit brought under section 1984, the Secretary's finding of death is final and cannot be challenged further.
the actual law source: uscode.house.gov ↗public domain
(a)

No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.

(b)

If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individual’s home and family for seven or more years, and establishing that after diligent search no evidence of that individual’s existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.

(c)

Except in a suit brought pursuant to section 1984 of this title, the finding of death made by the Secretary shall be final and conclusive.

Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99–576, title VII, § 701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-857 · 72 Stat. 1112
  • 1986Amended · Pub. L. 99-576 · 100 Stat. 3291
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 403

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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