38 U.S.C. § 1111 — Presumption of sound condition

Page 138 TITLE 38—VETERANS’ BENEFITS § 1110 Pub. L. 105–368, title X, § 1005(a), Nov. 11, 1998, 112 Stat. 3364; amended Pub. L. 107–103, title II, § 205, Dec. 27, 2001, 115 Stat. 990; Pub. L. 108–183, title VII, § 706, Dec. 16, 2003, 117 Stat. 2672.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 2003—Subsec. (a). Pub. L. 108–183 substituted ‘‘2013’’ for ‘‘2011’’. 2001—Subsec. (a). Pub. L. 107–103 substituted ‘‘2011’’ for ‘‘2002’’. 1998—Pub. L. 105–368 renumbered section 1103 of this title as this section. SUBCHAPTER II—WARTIME DISABILITY COMPENSATION § 1110. Basic entitlement 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 ac- tive military, naval, air, or space service, during a period of war, the United States will pay to any veteran thus disabled and who was dis- charged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or pre- existing injury or disease was aggravated, com- pensation 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. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 310; Pub. L. 101–508, title VIII, § 8052(a)(2), Nov. 5, 1990, 104 Stat. 1388–351; renumbered § 1110, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–178, title VIII, § 8202(a), 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)(7), 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 L. 105–206, which provided that the amendments made by that sec- tion as originally enacted shall be treated for all pur- poses as not having been made.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 310 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. § 1111. Presumption of sound condition For the purposes of section 1110 of this title, every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infir- mities, or disorders noted at the time of the ex- amination, acceptance, and enrollment, or where clear and unmistakable evidence dem- onstrates that the injury or disease existed be- fore acceptance and enrollment and was not ag- gravated by such service. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 311; renumbered § 1111 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 311 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1110’’ for ‘‘310’’. § 1112. Presumptions relating to certain diseases and disabilities (a) For the purposes of section 1110 of this title, and subject to the provisions of section 1113 of this title, in the case of any veteran who served for ninety days or more during a period of war— (1) a chronic disease becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service; (2) a tropical disease, and the resultant dis- orders or disease originating because of ther- apy, administered in connection with such dis- eases, or as a preventative thereof, becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service, or at a time when standard or accepted treatises indicate that the incuba- tion period thereof commenced during such service; (3) active tuberculous disease developing a 10 percent degree of disability or more within three years from the date of separation from such service; (4) multiple sclerosis developing a 10 percent degree of disability or more within seven years from the date of separation from such service; (5) Hansen’s disease developing a 10 percent degree of disability or more within three years from the date of separation from such service;