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38 U.S.C. § 1131 — Basic entitlement
Federal law — U.S. Code and appendices · legal_authorities
For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, air, or space service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran’s own willful misconduct or abuse of alcohol or drugs.
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Stable record: federal_law:legal_authorities:record_usc_ae6cbb3fb3eb4957ee83e594
Source file: Laws/federal/codes/united-states-code/title-38/section-1131-basic-entitlement--0f3042a1ea.md
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Source location: Title 38, Chapter 11, § 1131; chapter-011-compensation-for-service-connected-disability-or-death.md
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For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, air, or space service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran’s own willful misconduct or abuse of alcohol or drugs.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An injury or disease incurred during active military, naval, air, or space service will be deemed to have been incurred in line of duty and not the result of the veteran’s own misconduct when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in active military, naval, air, or space service, whether on active duty or on authorized leave, unless such injury or disease was a result of the person’s own willful misconduct or abuse of alcohol or drugs. Venereal disease shall not be presumed to be due to willful misconduct if the person in service complies with the regulations of the appropriate service department requiring the person to report and receive treatment for such disease.
**(b)** The requirement for line of duty will not be met if it appears that at the time the injury was suffered or disease contracted the person on whose account benefits are claimed (1) was avoiding duty by deserting the service or by absenting himself or herself without leave materially interfering with the performance of military duties; (2) was confined under sentence of court-martial involving an unremitted dishonorable discharge; or (3) was confined under sentence of a civil court for a felony (as determined under the laws of the jurisdiction where the person was convicted by such court).
**(c)** For the purposes of any provision relating to the extension of a delimiting period under any education-benefit or rehabilitation program administered by the Secretary, the disabling effects of chronic alcoholism shall not be considered to be the result of willful misconduct.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this title, the following definitions apply:
(1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of [section 1131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1131&num=0&edition=prelim), 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: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1132
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of [section 1131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1131&num=0&edition=prelim), and subject to the provisions of subsections (b) and (c) of this section, any veteran who served for six months or more and contracts a tropical disease or a resultant disorder or disease originating because of therapy administered in connection with a tropical disease, or as a preventative thereof, shall be deemed to have incurred such disability in the active military, naval, air, or space service when it is shown to exist within one year after separation from active service, or at a time when standard and accepted treatises indicate that the incubation period thereof commenced during active service.
**(b)** Service-connection shall not be granted pursuant to subsection (a), in any case where the disease or disorder is shown by clear and unmistakable evidence to have had its inception before or after active military, naval, air, or space service.
**(c)** Nothing in this section shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, air, or space service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1133
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of [section 1131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1131&num=0&edition=prelim), the compensation payable for the disability shall be that specified in [section 1114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1114&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1134
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Federal law — U.S. Code and appendices · legal_authorities
Page 180
TITLE 38—VETERANS’ BENEFITS
§ 1122
1378; renumbered § 1121 and amended Pub. L.
102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
Editorial Notes
AMENDMENTS
1991—Pub. L. 102–83, § 5(a), renumbered section 321 of
this title as this section.
Pub. L. 102–83, § 5(c)(1), substituted ‘‘1122’’ for ‘‘322’’.
1976—Pub.
L.
94–433
substituted
‘‘spouse’’
for
‘‘widow’’.
1971—Pub. L. 92–197 struck out eligibility clause when
the veteran died after April 30, 1957, under cir-
cumstances described in section 417(a) of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–433 effective Oct. 1, 1976,
see section 406 of Pub. L. 94–433, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1971 AMENDMENT
Amendment by Pub. L. 92–197 effective Jan. 1, 1972,
see section 10 of Pub. L. 92–197, set out as a note under
section 1311 of this title.
§ 1122. Rates of wartime death compensation
(a) The monthly rates of death compensation
shall be as follows:
(1) Surviving spouse but no child, $87;
(2) Surviving spouse with one child, $121
(with $29 for each additional child);
(3) No surviving spouse but one child, $67;
(4) No surviving spouse but two children, $94
(equally divided);
(5) No surviving spouse but three children,
$122 (equally divided) (with $23 for each addi-
tional child, total amount to be equally di-
vided);
(6) Dependent parent, $75;
(7) Both dependent parents, $40 each.
(b) The monthly rate of death compensation
payable to a surviving spouse or dependent par-
ent under subsection (a) of this section shall be
increased by $79 if the payee is (1) a patient in
a nursing home or (2) blind, or so nearly blind or
significantly disabled as to need or require the
regular
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1131
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.