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38 U.S.C. § 1103Special provisions relating to claims based upon effects of tobacco products

submitted 28 years ago by Pub. L. 105-178 to r/title-38-VETERANS-BENEFITS · 135 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section states the rules about special provisions relating to claims based upon effects of tobacco products. It includes the requirements, powers, procedures, definitions, limits, and exceptions stated in the section.

(a) despite any other provision of law, a veteran’s disability or death must not be considered to have resulted from personal injury suffered or disease contracted in the line of duty in the active military, naval, air, or space service for purposes of this title on the basis that it resulted from injury or disease attributable to the use of tobacco products by the veteran during the veteran’s service. (b) Nothing in subsection (a) must be construed as precluding the establishment of service connection for disability or death from a disease or injury which is otherwise shown to have been incurred or aggravated in active military, naval, air, or space service or which became manifest to the requisite degree of disability during any applicable presumptive period specified in section 1112 or 1116 of this title.
the actual law source: uscode.house.gov ↗public domain
(a)

Notwithstanding any other provision of law, a veteran’s disability or death shall not be considered to have resulted from personal injury suffered or disease contracted in the line of duty in the active military, naval, air, or space service for purposes of this title on the basis that it resulted from injury or disease attributable to the use of tobacco products by the veteran during the veteran’s service.

(b)

Nothing in subsection (a) shall be construed as precluding the establishment of service connection for disability or death from a disease or injury which is otherwise shown to have been incurred or aggravated in active military, naval, air, or space service or which became manifest to the requisite degree of disability during any applicable presumptive period specified in section 1112 or 1116 of this title.

Source credit: (Added Pub. L. 105–178, title VIII, § 8202(a)(1), as added Pub. L. 105–206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865; amended Pub. L. 116–283, div. A, title IX, § 926(a)(6), Jan. 1, 2021, 134 Stat. 3830.)

history & why it existsrecord from the source credit
  • 1998Enacted · Pub. L. 105-178 · 112 Stat. 865
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3830

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-178 on 1998-07-22.

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