38 U.S.C. § 1154 — Consideration to be accorded time, place, and circumstances of service
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 254 words · no verdicts yet
The Secretary’s disability service-connection rules must consider the veteran’s service and all relevant evidence. For combat veterans, consistent lay or other evidence can prove service connection even without an official record, subject to clear and convincing rebuttal.
(a) The Secretary’s service-connection regulations must include (1) a requirement to consider the places, types, and circumstances of the veteran’s service shown by service records, official organizational histories, medical records, and all relevant medical and lay evidence, and (2) the provisions required by section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation* Standards Act.
(b) For a veteran* who fought the enemy in active service with a United States military, naval, air, or space organization during a war, campaign, or expedition, the Secretary* must accept satisfactory lay or other evidence that a claimed disease or injury was incurred or worsened in service if it fits the service’s circumstances, conditions, or hardships, even without an official record. The Secretary must resolve every reasonable doubt for the veteran. Clear and convincing contrary evidence may rebut service connection. The reasons for granting or denying it must be fully recorded.
The Secretary* shall include in the regulations pertaining to service-connection of disabilities (1) additional provisions in effect requiring that in each case where a veteran* is seeking service-connection for any disability due consideration shall be given to the places, types, and circumstances of such veteran’s service as shown by such veteran’s service record, the official history of each organization in which such veteran served, such veteran’s medical records, and all pertinent medical and lay evidence, and (2) the provisions required by section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation* Standards Act (Public Law 98–542; 98 Stat. 2727).
In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, air, or space organization of the United States during a period of war*, campaign, or expedition, the Secretary shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full.
Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, § 354; Pub. L. 94–433, title IV, § 404(20), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98–542, § 4, Oct. 24, 1984, 98 Stat. 2727; Pub. L. 102–54, § 14(b)(1), June 13, 1991, 105 Stat. 282; renumbered § 1154 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 116–283, div. A, title IX, § 926(d), Jan. 1, 2021, 134 Stat. 3831.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1124
- 1976Amended · Pub. L. 94-433 · 90 Stat. 1379
- 1984Amended · Pub. L. 98-542 · 98 Stat. 2727
- 1991Amended · Pub. L. 102-54 · 105 Stat. 282
- 1991Amended · Pub. L. 102-83 · 105 Stat. 404
- 2021Amended · Pub. L. 116-283 · 134 Stat. 3831
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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