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38 U.S.C. § 1159 — Protection of service connection
Federal law — U.S. Code and appendices · legal_authorities
Service connection for any disability or death granted under this title which has been in force for ten or more years shall not be severed on or after January 1, 1962, except upon a showing that the original grant of service connection was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
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Source location: Title 38, Chapter 11, § 1159; chapter-011-compensation-for-service-connected-disability-or-death.md
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Service connection for any disability or death granted under this title which has been in force for ten or more years shall not be severed on or after January 1, 1962, except upon a showing that the original grant of service connection was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
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Federal law — U.S. Code and appendices · legal_authorities
A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. A disability which has been continuously rated at or above evaluation for twenty or more years for compensation purposes under laws administered by the Secretary shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
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Federal law — U.S. Code and appendices · legal_authorities
Page 192
TITLE 38—VETERANS’ BENEFITS
§ 1159
§ 1159. Protection of service connection
Service connection for any disability or death
granted under this title which has been in force
for ten or more years shall not be severed on or
after January 1, 1962, except upon a showing
that the original grant of service connection
was based on fraud or it is clearly shown from
military records that the person concerned did
not have the requisite service or character of
discharge. The mentioned period shall be com-
puted from the date determined by the Sec-
retary as the date on which the status com-
menced for rating purposes.
(Added Pub. L. 86–501, § 1, June 10, 1960, 74 Stat.
195, § 359; amended Pub. L. 87–825, § 6, Oct. 15,
1962, 76 Stat. 950; renumbered § 1159 and amended
Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404–406.)
Editorial Notes
AMENDMENTS
1991—Pub. L. 102–83, § 5(a), renumbered section 359 of
this title as this section.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec-
retary’’ for ‘‘Administrator’’.
1962—Pub. L. 87–825 provided for computation of the
period from the date the administrator determines as
the date the status commenced for rating purposes.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87–825 effective first day of
second calendar month which begins after Oct. 15, 1962,
see section 7 of Pub. L. 87–825, set out as a note under
section 110 of this title.
§ 1160. Special consideration for certain cases of
loss of paired organs or extremities
(a) Where a veteran has suffered—
(1) impairment of vision in one eye as a re-
sult of service-connected disability and im-
pairment of vision in the other eye as a result
of non-service-connected disability not th
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1159
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