2017 US Code
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
| 38 U.S.C. § 1133 (2017) |
| §1133. Presumptions relating to certain diseases |
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(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, or air 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, or air 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, or air service. |
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(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.) |
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AMENDMENTS
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". |
| United States Code, 2012 Edition, Supplement 5, Title 38 - VETERANS' BENEFITS |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| 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 |
| section 1133 |
| 2017 |
| January 12, 2018 |
| Yes |
| standard |
| 72 Stat. 1123 105 Stat. 406 |
| Public Law 85-857, Public Law 102-83 |
