TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II--WARTIME DISABILITY COMPENSATION
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[CITE: 38USC1111]
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TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II--WARTIME DISABILITY COMPENSATION
Sec. 1110. Basic entitlement.
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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, infirmities, or disorders
noted at the time of the examination, acceptance, and enrollment, or
where clear and unmistakable evidence demonstrates that the injury or
disease existed before acceptance and enrollment and was not aggravated
by such service.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 311; renumbered
Sec. 1111 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,
105 Stat. 406.)
Amendments
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 311 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110'' for ``310''.
Section Referred to in Other Sections
This section is referred to in section 1137 of this title
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[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 38USC1111]
TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II--WARTIME DISABILITY COMPENSATION
Sec. 1111. Presumption of sound condition
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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, infirmities, or disorders
noted at the time of the examination, acceptance, and enrollment, or
where clear and unmistakable evidence demonstrates that the injury or
disease existed before acceptance and enrollment and was not aggravated
by such service.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 311; renumbered
Sec. 1111 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,
105 Stat. 406.)
Amendments
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 311 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110'' for ``310''.
Section Referred to in Other Sections
This section is referred to in section 1137 of this title.
Sec. 1112. Presumptions relating to certain diseases and disabilities.
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[CITE: 38USC1112]
TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II--WARTIME DISABILITY COMPENSATION
Sec. 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 disorders or disease
originating because of therapy, administered in connection with such
diseases, 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 incubation 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;
shall be considered to have been incurred in or aggravated by such
service, notwithstanding there is no record of evidence of such disease
during the period of service.
(b) For the purposes of section 1110 of this title and subject to
the provisions of section 1113 of this title, in the case of a veteran
who is a former prisoner of war and who was detained or interned for not
less than thirty days, the disease of--
(1) avitaminosis,
(2) beriberi (including beriberi heart disease),
(3) chronic dysentery,
(4) helminthiasis,
(5) malnutrition (including optic atrophy associated with
malnutrition),
(6) pellagra,
(7) any other nutritional deficiency,
(8) psychosis,
(9) any of the anxiety states,
(10) dysthymic disorder (or depressive neurosis),
(11) organic residuals of frostbite, if the Secretary determines
that the veteran was interned in climatic conditions consistent with
the occurrence of frostbite,
(12) post-traumatic osteoarthritis,
(13) peripheral neuropathy except where directly related to
infectious causes,
(14) irritable bowel syndrome, or
(15) peptic ulcer disease,
which became manifest to a degree of 10 percent or more after active
military, naval, or air service shall be considered to have been
incurred in or aggravated by such service, notwithstanding that there is
no record of such disease during the period of service.
(c)(1) For the purposes of section 1110 of this title, and subject
to the provisions of section 1113 of this title, a disease specified in
paragraph (2) of this subsection becoming manifest in a radiation-
exposed veteran shall be considered to have been incurred in or
aggravated during active military, naval, or air service,
notwithstanding that there is no record of evidence of such disease
during a period of such service.
(2) The diseases referred to in paragraph (1) of this subsection are
the following:
(A) Leukemia (other than chronic lymphocytic leukemia).
(B) Cancer of the thyroid.
(C) Cancer of the breast.
(D) Cancer of the pharynx.
(E) Cancer of the esophagus.
(F) Cancer of the stomach.
(G) Cancer of the small intestine.
(H) Cancer of the pancreas.
(I) Multiple myeloma.
(J) Lymphomas (except Hodgkin's disease).
(K) Cancer of the bile ducts.
(L) Cancer of the gall bladder.
(M) Primary liver cancer (except if cirrhosis or hepatitis B is
indicated).
(N) Cancer of the salivary gland.
(O) Cancer of the urinary tract.
(P) Bronchiolo-alveolar carcinoma.
(3) For the purposes of this subsection:
(A) The term ``radiation-exposed veteran'' means (i) a veteran
who, while serving on active duty, participated in a radiation-risk
activity, or (ii) an individual who, while a member of a reserve
component of the Armed Forces, participated in a radiation-risk
activity during a period of active duty for training or inactive
duty training.
(B) The term ``radiation-risk activity'' means any of the
following:
(i) Onsite participation in a test involving the atmospheric
detonation of a nuclear device (without regard to whether the
nation conducting the test was the United States or another
nation).
(ii) The occupation of Hiroshima or Nagasaki, Japan, by
United States forces during the period beginning on August 6,
1945, and ending on July 1, 1946.
(iii) Internment as prisoner of war in Japan (or service on
active duty in Japan immediately following such internment)
during World War II which (as determined by the Secretary)
resulted in an opportunity for exposure to ionizing radiation
comparable to that of veterans described in clause (ii) of this
subparagraph.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, Sec. 312; Pub. L. 86-187,
Aug. 25, 1959, 73 Stat. 418; Pub. L. 86-188, Aug. 25, 1959, 73 Stat.
418; Pub. L. 87-645, Sec. 3, Sept. 7, 1962, 76 Stat. 442; Pub. L. 91-
376, Sec. 3(a), (b), Aug. 12, 1970, 84 Stat. 788, 789; Pub. L. 97-37,
Sec. 4(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 98-223, title I,
Secs. 101(c), 111, Mar. 2, 1984, 98 Stat. 38, 40; Pub. L. 99-576, title
I, Sec. 108(a), Oct. 28, 1986, 100 Stat. 3252; Pub. L. 100-321,
Sec. 2(a), May 20, 1988, 102 Stat. 485; Pub. L. 100-322, title III,
Sec. 312, May 20, 1988, 102 Stat. 534; renumbered Sec. 1112 and amended
Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105
Stat. 404-406; Pub. L. 102-86, title I, Secs. 104(a), 105, Aug. 14,
1991, 105 Stat. 415; Pub. L. 102-578, Sec. 2(a), Oct. 30, 1992, 106
Stat. 4774; Pub. L. 103-446, title V, Sec. 501(a), Nov. 2, 1994, 108
Stat. 4663; Pub. L. 106-117, title V, Sec. 503, Nov. 30, 1999, 113 Stat.
1575.)
Amendments
1999--Subsec. (c)(2)(P). Pub. L. 106-117 added subpar. (P).
1994--Subsec. (c)(3)(B)(i). Pub. L. 103-446 inserted before period
at end ``(without regard to whether the nation conducting the test was
the United States or another nation)''.
1992--Subsec. (c)(1). Pub. L. 102-578, Sec. 2(a)(1), struck out ``to
a degree of 10 percent or more within the presumption period (as
specified in paragraph (3) of this subsection)'' after ``radiation-
exposed veteran''.
Subsec. (c)(2)(N), (O). Pub. L. 102-578, Sec. 2(a)(2), added
subpars. (N) and (O).
Subsec. (c)(3), (4). Pub. L. 102-578, Sec. 2(a)(3), (4),
redesignated par. (4) as (3) and struck out former par. (3) which read
as follows: ``The presumption period for purposes of paragraph (1) of
this subsection is the 40-year period beginning on the last date on
which the veteran participated in a radiation-risk activity.''
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 312 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110'' for
``310'' and ``1113'' for ``313'' in introductory provisions.
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110'' for
``310'' and ``1113'' for ``313'' in introductory provisions.
Subsec. (b)(11). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Subsec. (c)(1). Pub. L. 102-86, Sec. 105(1), amended subsec. (c)(1)
of this section as in effect before the redesignations made by Pub. L.
102-83, Sec. 5, by substituting ``during active military, naval, or air
service'' for ``during the veteran's service on active duty'' and
``during a period'' for ``during the period''.
Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110'' for ``310'' and
``1113'' for ``313''.
Subsec. (c)(3). Pub. L. 102-86, Sec. 104(a), amended subsec. (c)(3)
of this section as in effect before the redesignations made by Pub. L.
102-83, Sec. 5, by striking out before period at end ``, except that
such period shall be the 30-year period beginning on that date in the
case of leukemia (other than chronic lymphocytic leukemia)''.
Subsec. (c)(4)(A). Pub. L. 102-86, Sec. 105(2), amended subsec.
(c)(4)(A) of this section as in effect before the redesignations made by
Pub. L. 102-83, Sec. 5, by inserting ``(i)'' after ``means'' and adding
cl. (ii).
Subsec. (c)(4)(B)(iii). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted ``Secretary'' for ``Administrator''.
1988--Subsec. (b)(13) to (15). Pub. L. 100-322 added pars. (13) to
(15).
Subsec. (c). Pub. L. 100-321 added subsec. (c).
1986--Subsec. (b)(11), (12). Pub. L. 99-576 added pars. (11) and
(12).
1984--Subsec. (a)(1) to (5). Pub. L. 98-223, Sec. 101(c),
substituted ``percent'' for ``per centum''.
Subsec. (b). Pub. L. 98-223, Sec. 111, added par. (10).
Pub. L. 98-223, Sec. 101(c), substituted ``percent'' for ``per
centum'' in provision following par. (10).
1981--Subsecs. (b), (c). Pub. L. 97-37, Sec. 4(a)(1), (2),
redesignated subsec. (c) as (b) and generally revised structure so as to
include anxiety states as a listed disease, and exclude the enumerated
armed conflicts and resulting treatment incurred. Former subsec. (b),
relating to treatment as a prisoner of war as deemed in violation of the
Geneva Conventions of 1929 and 1949, was struck out.
1970--Pub. L. 91-376 inserted reference to disabilities in section
catchline, designated existing provisions as subsec. (a), and added
subsecs. (b) and (c).
1962--Pub. L. 87-645 substituted ``seven years'' for ``three years''
in par. (4).
1959--Pub. L. 86-188 inserted par. (5).
Pub. L. 86-187 substituted ``three years'' for ``two years'' in par.
(4).
Effective Date of 1992 Amendment
Section 2(b) of Pub. L. 102-578 provided that: ``The amendments made
by subsection (a) [amending this section] shall take effect on October
1, 1992.''
Effective Date of 1991 Amendment
Section 104(b) of Pub. L. 102-86 provided that: ``No benefit may be
paid by reason of the amendment made by subsection (a) [amending this
section] for any period before the date of the enactment of this Act
[Aug. 14, 1991].''
Effective Date of 1988 Amendment
Section 2(b) of Pub. L. 100-321 provided that: ``Subsection (c) of
section 312 [now 1112] of title 38, United States Code, as added by
subsection (a), shall take effect on May 1, 1988.''
Effective Date of 1986 Amendment
Section 108(b) of Pub. L. 99-576 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect as of
October 1, 1986.''
Effective Date of 1984 Amendment
Amendment by section 101(c) of Pub. L. 98-223 effective Apr. 1,
1984, see section 107 of Pub. L. 98-223, set out as a note under section
1114 of this title.
Section 114 of Pub. L. 98-223 provided that: ``The amendments made
by this part [part B (Secs. 111-114) of title I of Pub. L. 98-223,
amending this section and sections 314 and 3011 [now 1114 and 5111] of
this title] shall take effect as of October 1, 1983.''
Effective Date of 1981 Amendment
Section 4(b) of Pub. L. 97-37 provided that: ``The amendments made
by subsection (a) [amending this section] shall take effect on October
1, 1981.''
Effective Date of 1962 Amendment
Section 4 of Pub. L. 87-645 provided that: ``This Act [amending this
section and sections 314 and 3203 [now 1114 and 5503] of this title and
enacting provisions set out as a note under section 1114 of this title]
shall take effect on the first day of the first calendar month which
begins after the date of enactment of this Act [Sept. 7, 1962] but no
payments shall be made by reason of this Act for any period before such
effective date. The increased rate of compensation payable to any
veteran entitled thereto on such first day shall be further increased,
for such month only, in an amount equal to three times the monthly
increase provided for such veteran by the amendments made by this Act.''
Section Referred to in Other Sections
This section is referred to in sections 1103, 1113, 1137, 1710 of
this title; title 42 section 7385j.
1113. Presumptions rebuttable.
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TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER II--WARTIME DISABILITY COMPENSATION
Sec. 1113. Presumptions rebuttable
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(a) Where there is affirmative evidence to the contrary, or evidence
to establish that an intercurrent injury or disease which is a
recognized cause of any of the diseases or disabilities within the
purview of section 1112, 1116, 1117, or 1118 of this title, has been
suffered between the date of separation from service and the onset of
any such diseases or disabilities, or the disability is due to the
veteran's own willful misconduct, service-connection pursuant to section
1112, 1116, or 1118 of this title, or payments of compensation pursuant
to section 1117 of this title, will not be in order.
(b) Nothing in section 1112, 1116, 1117, or 1118 of this title,
subsection (a) of this section, or section 5 of Public Law 98-542 (38
U.S.C. 1154 note) 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, or air
service.
Effective Date of 1994 Amendment
Section 501(b)(2) of Pub. L. 103-446 provided that: ``The amendments
made by paragraph (1) [amending this section] shall apply with respect
to applications for veterans benefits that are submitted to the
Secretary of Veterans Affairs after the date of the enactment of this
Act [Nov. 2, 1994].''
Section Referred to in Other Sections
This section is referred to in sections 1112, 1116, 1118, 1137 of
this title.
Sec. 1114. Rates of wartime disability compensation.
Subchapter Ii--wartime Disability Compensation
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