38 U.S.C. § 1134 — Rates of peacetime disability compensa-

Page 181 TITLE 38—VETERANS’ BENEFITS § 1134 will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of serv- ice 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 dis- ability is a result of the veteran’s own willful misconduct or abuse of alcohol or drugs. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 331; Pub. L. 101–508, title VIII, § 8052(a)(3), Nov. 5, 1990, 104 Stat. 1388–351; renumbered § 1131, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–178, title VIII, § 8202(b), June 9, 1998, 112 Stat. 492; Pub. L. 105–206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865; Pub. L. 116–283, div. A, title IX, § 926(a)(10), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘air, or space serv- ice’’ for ‘‘or air service’’. 1998—Pub. L. 105–178, which directed the substitution of ‘‘, abuse of alcohol or drugs, or use of tobacco prod- ucts’’ for ‘‘or abuse of alcohol or drugs’’ before the pe- riod at end, was amended generally by Pub. L. 105–206, which provided that the amendments made by that sec- tion as originally enacted shall be treated for all pur- poses as not having been made. See Effective Date of 1998 Amendment note below. 1991—Pub. L. 102–83 renumbered section 331 of this title as this section. 1990—Pub. L. 101–508 substituted ‘‘a result of the vet- eran’s own willful misconduct or abuse of alcohol or drugs’’ for ‘‘the result of the veteran’s own willful mis- conduct’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–508 effective with respect to claims filed after Oct. 31, 1990, see section 8052(b) of Pub. L. 101–508, set out as a note under section 105 of this title. CONSTRUCTION OF 1998 AMENDMENT Pub. L. 105–206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865, provided that section 8202 of Pub. L. 105–178 is amended generally and that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made. § 1132. Presumption of sound condition For the purposes of section 1131 of this title, 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 condi- tion when examined, accepted and enrolled for service, except as to defects, infirmities, or dis- orders noted at the time of the examination, ac- ceptance and enrollment, or where evidence or medical judgment is such as to warrant a find- ing that the disease or injury existed before ac- ceptance and enrollment. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 332; renumbered § 1132 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–283, div. A, title IX, § 926(a)(11), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘air, or space serv- ice’’ for ‘‘or air service’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 332 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1131’’ for ‘‘331’’. § 1133. Presumptions relating to certain diseases (a) For the purposes of section 1131 of this title, and subject to the provisions of sub- sections (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 dis- ease originating because of therapy adminis- tered 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 ac- tive service, or at a time when standard and ac- cepted treatises indicate that the incubation pe- riod 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 un- mistakable 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 ag- gravated by active military, naval, air, or space service. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, § 333; renumbered § 1133 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–283, div. A, title IX, § 926(a)(12), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘air, or space serv- ice’’ for ‘‘or air service’’ wherever appearing. 1991—Pub. L. 102–83, § 5(a), renumbered section 333 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1131’’ for ‘‘331’’. § 1134. Rates of peacetime disability compensa- tion For the purposes of section 1131 of this title, the compensation payable for the disability shall be that specified in section 1114 of this title. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, § 334; Pub. L. 92–328, title I, § 108(a), June 30, 1972, 86 Stat. 396; renumbered § 1134 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 334 of this title as this section. Page 182 TITLE 38—VETERANS’ BENEFITS § 1135 Pub. L. 102–83, § 5(c)(1), substituted ‘‘1131’’ for ‘‘331’’ and ‘‘1114’’ for ‘‘314’’. 1972—Pub. L. 92–328 substituted provisions that com- pensation payable for the disability be that specified in section 314 of this title, for provisions that compensa- tion payable for the disability be equal to 80% of the compensation payable for such disability under section 314 of this title, adjusted upward or downward to the nearest dollar. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–328, title III, § 301(b), June 30, 1972, 86 Stat. 398, provided that: ‘‘Section 108 [repealing section 336 of this title and amending this section and section 335 [now 1135] of this title] shall take effect on July 1, 1973.’’ § 1135. Additional compensation for dependents Any veteran entitled to compensation at the rates provided in section 1134 of this title, and whose disability is rated not less than 30 per- cent, shall be entitled to additional monthly compensation for dependents as provided in sec- tion 1115 of this title. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, § 335; Pub. L. 92–328, title I, § 108(b), June 30, 1972, 86 Stat. 396; Pub. L. 98–543, title I, § 112(a), Oct. 24, 1984, 98 Stat. 2740; renumbered § 1135 and amend- ed 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 335 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1134’’ for ‘‘334’’ and ‘‘1115’’ for ‘‘315’’. 1984—Pub. L. 98–543 substituted ‘‘30 percent’’ for ‘‘50 per centum’’. 1972—Pub. L. 92–328 substituted provisions that the veteran be entitled to additional monthly compensa- tion for dependents as provided in section 315 of this title, for provisions that the veteran be entitled to ad- ditional monthly compensation for dependents equal to 80% of the additional compensation for dependents pro- vided in section 315 of this title, and subject to the lim- itations thereof, and adjusted upward or downward to the nearest dollar. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–543, title I, § 112(b), Oct. 24, 1984, 98 Stat. 2740, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect as of October 1, 1978.’’ EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–328 effective July 1, 1973, see section 301(b) of Pub. L. 92–328, set out as a note under section 1134 of this title. [§ 1136. Vacant] Editorial Notes CODIFICATION Prior to renumbering of sections 301 to 363 of this chapter as sections 1101 to 1163 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 336 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, which set forth the conditions under which wartime rates were payable to any veteran otherwise entitled to compensa- tion under the provisions of this subchapter, was re- pealed by Pub. L. 92–328, title I, § 108(c), title III, § 301(b), June 30, 1972, 86 Stat. 396, 398, effective July 1, 1973. § 1137. Wartime presumptions for certain vet- erans For the purposes of this subchapter and sub- chapter V of this chapter and notwithstanding the provisions of sections 1132 and 1133 of this subchapter, the provisions of sections 1111, 1112, and 1113 of this chapter shall be applicable in the case of any veteran who served in the active military, naval, air, or space service after De- cember 31, 1946. (Added Pub. L. 89–358, § 7(a), Mar. 3, 1966, 80 Stat. 27, § 337; amended Pub. L. 93–295, title II, § 205, May 31, 1974, 88 Stat. 183; renumbered § 1137 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–283, div. A, title IX, § 926(a)(13), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘air, or space serv- ice’’ for ‘‘or air service’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 337 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1132 and 1133’’ for ‘‘332 and 333’’ and ‘‘1111, 1112, and 1113’’ for ‘‘311, 312, and 313’’. 1974—Pub. L. 93–295 substituted ‘‘December 31, 1946’’ for ‘‘January 31, 1955’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–295 effective May 1, 1974, see section 401 of Pub. L. 93–295, set out as a note under section 1114 of this title. SUBCHAPTER V—PEACETIME DEATH COMPENSATION § 1141. Basic entitlement The surviving spouse, child or children, and dependent parent or parents of any veteran who died before January 1, 1957, as the result of in- jury or disease incurred in or aggravated by ac- tive military, naval, air, or space service, in line of duty, during other than a period of war, shall be entitled to receive compensation as herein- after provided in this subchapter. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, § 341; Pub. L. 92–197, § 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94–433, title IV, § 404(18), Sept. 30, 1976, 90 Stat. 1379; renumbered § 1141, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–283, div. A, title IX, § 926(a)(14), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘air, or space serv- ice’’ for ‘‘or air service’’. 1991—Pub. L. 102–83 renumbered section 341 of this title as this section. 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.