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38 U.S.C. § 1133 38 u.s.c. · compensation for service-connected disab · title 38
38 U.S.C. § 1133
Presumptions relating to certain diseases
Title 38 USC
● ACTIVE
Ch. 11
Jurisdiction Federal — United States
Chapter COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
Primary Source uscode.house.gov ↗
Federation ID OM-USC38-SEC-014BA4
STATUTORY TEXT primary source · verbatim · uscode.house.gov

U.S.C. Title 38 - VETERANS' BENEFITS 38 U.S.C. United States Code, 2023 Edition Title 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION Sec. 1133 - Presumptions relating to certain diseases From the U.S. Government Publishing Office, www.gpo.gov

§1133. Presumptions relating to certain diseases

(a) For the purposes of section 1131 of this title, 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.

(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 service" 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".

Source: uscode.house.gov — public domain Official Source ↗
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The statutory text of 38 U.S.C. § 1133 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
OakMorel Law
38 U.S.C.
Citation
38 U.S.C. § 1133
Status
● ACTIVE
Chapter
11 — COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
Title
Veterans' Benefits
Jurisdiction
Federal
Federation ID
OM-USC38-SEC-014BA4
Root-LD Spec
v1.0
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Veterans' Benefits — 38 U.S.C. § 1133