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38 U.S.C. § 105 — Line of duty and misconduct
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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Stable record: federal_law:legal_authorities:record_usc_ba64d0adffca231df3270f56
Source file: Laws/federal/codes/united-states-code/title-38/section-105-line-of-duty-and-misconduct--66186c96c7.md
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Source location: Title 38, Chapter 1, § 105; chapter-001-general.md
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**(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.
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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 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1110
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1131
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reinstatement of health insurance** A servicemember who, by reason of military service as defined in [section 4023(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4023/a/1&num=0&edition=prelim), is entitled to the rights and protections of this chapter shall also be entitled upon termination or release from such service to reinstatement of any health insurance that—
(1) was in effect on the day before such service commenced; and
(2) was terminated effective on a date during the period of such service.
**(b) No exclusion or waiting period** The reinstatement of health care insurance coverage for the health or physical condition of a servicemember described in subsection (a), or any other person who is covered by the insurance by reason of the coverage of the servicemember, shall not be subject to an exclusion or a waiting period, if—
(1) the condition arose before or during the period of such service;
(2) an exclusion or a waiting period would not have been imposed for the condition during the period of coverage; and
(3) in a case in which the condition relates to the servicemember, the condition has not been determined by the Secretary of Veterans Affairs to be a disability incurred or aggravated in the line of duty (within the meaning of [section 105 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section105&num=0&edition=prelim)).
**(c) Exceptions** Subsection (a) does not apply to a servicemember entitled to participate in employer-offered insurance benefits pursuant to the provisions of chapter 43 of title 38.
**(d) Time for applying for reinstatement** An application under this section must be filed not later than 120 days after the date of the termination of or release
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4025a
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Federal law — U.S. Code and appendices · legal_authorities
Page 34
TITLE 38—VETERANS’ BENEFITS
§ 105
1986—Subsec. (b). Pub. L. 99–576 substituted ‘‘report
to the Administrator’’ for ‘‘report to him’’.
1969—Subsec. (a). Pub. L. 91–24 substituted ‘‘the age of
twenty-three years’’ for ‘‘the age of twenty-one years’’.
§ 105. Line of duty and misconduct
(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 dis-
ease was a result of the person’s own willful mis-
conduct or abuse of alcohol or drugs. Venereal
disease shall not be presumed to be due to will-
ful 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 ab-
senting himself or herself without leave materi-
ally interfering with the performance of mili-
tary duties; (2) was confined under sentence of
court-martial involving an unremitted dishonor-
able discharge; or (3) was confined under sen-
tence of a civil court for a felony (as determined
under the laws of the jurisdiction where the per-
son was convicted by such court).
(c) For the purposes of any provision relating
to the extension of a delimiting period under
any education-benef
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 105
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.