dreamproit/uscode huggingface dataset:
38 U.S.C. § 1113 (VETERANS’ BENEFITS)
§ 1113. Presumptions rebuttable
(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, air, or space service.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1120, § 313; Pub. L. 102–4, § 2(b), Feb. 6, 1991, 105 Stat. 13; renumbered § 1113 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title I, § 106(b), title V, § 501(b)(1), Nov. 2, 1994, 108 Stat. 4651, 4663; Pub. L. 105–277, div. C, title XVI, § 1602(b), Oct. 21, 1998, 112 Stat. 2681–744; Pub. L. 116–283, div. A, title IX, § 926(a)(9), Jan. 1, 2021, 134 Stat. 3830.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (b). Pub. L. 116–283 substituted “air, or space service” for “or air service”.
1998—Subsec. (a). Pub. L. 105–277 substituted “1117, or 1118” for “or 1117” and “, 1116, or 1118” for “or 1116”.
Subsec. (b). Pub. L. 105–277, § 1602(b)(1), substituted “1117, or 1118” for “or 1117”.
1994—Subsec. (a). Pub. L. 103–446, § 106(b), inserted “or disabilities” after “diseases” in two places, substituted “purview of section 1112, 1116, or 1117” for “purview of section 1112 or 1116”, and inserted “, or payments of compensation pursuant to section 1117 of this title,” before “will not”.
Subsec. (b). Pub. L. 103–446, § 501(b)(1), substituted “title,” for “title or” and inserted “, or section 5 of Public Law 98–542 (38 U.S.C. 1154 note)” after “of this section”.
Pub. L. 103–446, § 106(b)(1), substituted “section 1112, 1116, or 1117” for “section 1112 or 1116”.
1991—Pub. L. 102–83, § 5(a), renumbered section 313 of this title as this section.
Pub. L. 102–83, § 5(c)(1), substituted “1112 or 1116” for “312 or 316” wherever appearing.
Pub. L. 102–4 inserted “or 316” after “section 312” wherever appearing.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Pub. L. 103–446, title V, § 501(b)(2), Nov. 2, 1994, 108 Stat. 4663, 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].”
38 U.S.C. § 1131 (VETERANS’ BENEFITS)
§ 1131. 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 active military, naval, air, or space service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service 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 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. 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.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “air, or space service” for “or air service”.
1998—Pub. L. 105–178, which directed the substitution of “, abuse of alcohol or drugs, or use of tobacco products” for “or abuse of alcohol or drugs” before the period at end, was amended generally by Pub. L. 105–206, which provided that the amendments made by that section as originally enacted shall be treated for all purposes 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 veteran’s own willful misconduct or abuse of alcohol or drugs” for “the result of the veteran’s own willful misconduct”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1998 Amendment
text: 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.
heading: Effective Date of 1990 Amendment
text: 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.
heading: Construction of 1998 Amendment
text: 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.
38 U.S.C. § 1132 (VETERANS’ BENEFITS)
§ 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 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 evidence or medical judgment is such as to warrant a finding that the disease or injury existed before acceptance 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.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “air, or space service” 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”.
38 U.S.C. § 1133 (VETERANS’ BENEFITS)
§ 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.)
heading: Editorial Notes
heading: Amendments
text: 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”.
38 U.S.C. § 1137 (VETERANS’ BENEFITS)
§ 1137. Wartime presumptions for certain veterans
For the purposes of this subchapter and subchapter 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 December 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.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “air, or space service” 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1974 Amendment
text: 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.
38 U.S.C. § 1141 (VETERANS’ BENEFITS)
§ 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 injury or disease incurred in or aggravated by active military, naval, air, or space service, in line of duty, during other than a period of war, shall be entitled to receive compensation as hereinafter 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.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “air, or space service” 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 circumstances described in section 417(a) of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.
heading: Effective Date of 1971 Amendment
text: Amendment by Pub. L. 92–197 effective Jan. 1, 1972, see section 10 of Pub. L. 92–197, set out as a note under section 1311 of this title.
38 U.S.C. § 1153 (VETERANS’ BENEFITS)
§ 1153. Aggravation
A preexisting injury or disease will be considered to have been aggravated by active military, naval, air, or space service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, § 353; renumbered § 1153, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–283, div. A, title IX, § 926(a)(15), Jan. 1, 2021, 134 Stat. 3830.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “air, or space service” for “or air service”.
1991—Pub. L. 102–83 renumbered section 353 of this title as this section.
38 U.S.C. § 1301 (VETERANS’ BENEFITS)
§ 1301. Definitions
As used in this chapter—
The term “veteran” includes a person who died in the active military, naval, air, or space service.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1126, § 401; Pub. L. 91–24, § 4(a), June 11, 1969, 83 Stat. 33; Pub. L. 91–96, § 5, Oct. 27, 1969, 83 Stat. 145; renumbered § 1301, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–283, div. A, title IX, § 926(a)(16), Jan. 1, 2021, 134 Stat. 3830.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 substituted “air, or space service” for “or air service”.
1991—Pub. L. 102–83 renumbered section 401 of this title as this section.
1969—Pub. L. 91–96 struck out par. (1) which defined “basic pay”.
Par. (1). Pub. L. 91–24 substituted “sections 201, 202, 203, 204, 205, or 207 of title 37” for “sections 232(a), 232(e), or 308 of Title 37”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1969 Amendment
text: Amendment by Pub. L. 91–96 effective first day of second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91–96, set out as a note under section 1302 of this title.
heading: Cost-of-Living Increases in Compensation Rates
text: For limitation on increases in dependency and indemnity compensation payable under this chapter, see section 8005 of Pub. L. 101–508, set out as a note under section 1101 of this title.
38 U.S.C. § 1720E (VETERANS’ BENEFITS)
§ 1720E. Nasopharyngeal radium irradiation
(a) The Secretary may provide any veteran a medical examination, and hospital care, medical services, and nursing home care, which the Secretary determines is needed for the treatment of any cancer of the head or neck which the Secretary finds may be associated with the veteran’s receipt of nasopharyngeal radium irradiation treatments in active military, naval, air, or space service.
(b) The Secretary shall provide care and services to a veteran under subsection (a) only on the basis of evidence in the service records of the veteran which document nasopharyngeal radium irradiation treatment in service, except that, notwithstanding the absence of such documentation, the Secretary may provide such care to a veteran who—
(1) served as an aviator in the active military, naval, or air service before the end of the Korean conflict; or
(2) underwent submarine training in active naval service before January 1, 1965.
(Added Pub. L. 105–368, title IX, § 901(a), Nov. 11, 1998, 112 Stat. 3360; amended Pub. L. 116–283, div. A, title IX, § 926(a)(27), Jan. 1, 2021, 134 Stat. 3830.)
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283 substituted “air, or space service” for “or air service”.
38 U.S.C. § 1783 (VETERANS’ BENEFITS)
§ 1783. Bereavement counseling
(a) Deaths of Veterans.—
In the case of an individual who was a recipient of services under section 1782 of this title at the time of the death of the veteran, the Secretary may provide bereavement counseling to that individual in the case of a death—
(1) that was unexpected; or
(2) that occurred while the veteran was participating in a hospice program (or a similar program) conducted by the Secretary.
(b) Deaths In Active Service.—
(1) The Secretary may provide bereavement counseling to an individual who is a member of the immediate family of a member of the Armed Forces who dies in the active military, naval, air, or space service in the line of duty and under circumstances not due to the person’s own misconduct.
(2) For purposes of this subsection, the members of the immediate family of a member of the Armed Forces described in paragraph (1) include the parents of such member.
(c) Provision of Counseling Through Vet Centers.—
Bereavement counseling may be provided under this section through the facilities and personnel of centers for the provision of readjustment counseling and related mental health services under section 1712A of this title.
(d) Bereavement Counseling Defined.—
For purposes of this section, the term “bereavement counseling” means such counseling services, for a limited period, as the Secretary determines to be reasonable and necessary to assist an individual with the emotional and psychological stress accompanying the death of another individual.
(Added Pub. L. 107–135, title II, § 208(b), Jan. 23, 2002, 115 Stat. 2463; amended Pub. L. 109–461, title II, § 216, Dec. 22, 2006, 120 Stat. 3424; Pub. L. 116–283, div. A, title IX, § 926(a)(31), Jan. 1, 2021, 134 Stat. 3830.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1783 was renumbered section 3683 of this title.
heading: Amendments
text: 2021—Subsec. (b)(1). Pub. L. 116–283 substituted “air, or space service” for “or air service”.
2006—Subsec. (b). Pub. L. 109–461, § 216(a), designated existing provisions as par. (1) and added par. (2).
Subsec. (c), (d). Pub. L. 109–461, § 216(b), added subsec. (c) and redesignated former subsec. (c) as (d).
38 U.S.C. § 1789 (VETERANS’ BENEFITS)
§ 1789. Mental health services for members of the reserve components of the Armed Forces
The Secretary, in consultation with the Secretary of Defense, may furnish mental health services to members of the reserve components of the Armed Forces.
(Added Pub. L. 116–283, div. A, title VII, § 763(a), Jan. 1, 2021, 134 Stat. 3725.)
38 U.S.C. § 1908 (VETERANS’ BENEFITS)
§ 1908. Premium payments
The Secretary shall, by regulations, prescribe the time and method of payment of the premiums on insurance, but payments of premiums in advance shall not be required for periods of more than one month each, and may at the election of the insured be deducted from the insured’s active-service pay or be otherwise made. An amount equal to the first premium due under a National Service Life Insurance policy may be advanced from current appropriations for active-service pay to any person in the active service in the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, which amount shall constitute a lien upon any service or other pay accruing to the person for whom such advance was made and shall be collected therefrom if not otherwise paid. No disbursing or certifying officer shall be responsible for any loss incurred by reason of such advance. Any amount so advanced in excess of available service or other pay shall constitute a lien on the policy within the provisions of section 5301(b) of this title.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 708; Pub. L. 99–576, title VII, § 701(24), Oct. 28, 1986, 100 Stat. 3292; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1908 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 116–283, div. A, title IX, § 926(e), Jan. 1, 2021, 134 Stat. 3831.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 116–283 inserted “Space Force,” after “Marine Corps,”.
1991—Pub. L. 102–83 renumbered section 708 of this title as this section and substituted “Secretary” for “Administrator”.
Pub. L. 102–40 substituted “5301(b)” for “3101(b)”.
1986—Pub. L. 99–576 substituted “the insured’s” for “his”.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
38 U.S.C. § 2101A (VETERANS’ BENEFITS)
§ 2101A. Eligibility for benefits and assistance: members of the Armed Forces with service-connected disabilities; individuals residing outside the United States
(a) Members With Service-Connected Disabilities.—
(1) The Secretary may provide assistance under this chapter to a member of the Armed Forces serving on active duty who is suffering from a disability that meets applicable criteria for benefits under this chapter if the disability is incurred or aggravated in line of duty in the active military, naval, air, or space service. Such assistance shall be provided to the same extent as assistance is provided under this chapter to veterans eligible for assistance under this chapter and subject to the same requirements as veterans under this chapter.
(2) For purposes of this chapter, any reference to a veteran or eligible individual shall be treated as a reference to a member of the Armed Forces described in subsection (a) who is similarly situated to the veteran or other eligible individual so referred to.
(b) Benefits and Assistance for Individuals Residing Outside the United States.—
(1) Subject to paragraph (2), the Secretary may, at the Secretary’s discretion, provide benefits and assistance under this chapter (other than benefits under section 2106 of this title) to any individual otherwise eligible for such benefits and assistance who resides outside the United States.
(2) The Secretary may provide benefits and assistance to an individual under paragraph (1) only if—
(A) the country or political subdivision in which the housing or residence involved is or will be located permits the individual to have or acquire a beneficial property interest (as determined by the Secretary) in such housing or residence; and
(B) the individual has or will acquire a beneficial property interest (as so determined) in such housing or residence.
(c) Limitation.—
Notwithstanding subsections (a) and (b), this section shall not apply to the provision of assistance under section 2102B of this title.
(d) Regulations.—
Benefits and assistance under this chapter by reason of this section shall be provided in accordance with such regulations as the Secretary may prescribe.
(Added Pub. L. 110–289, div. B, title VI, § 2602(a), July 30, 2008, 122 Stat. 2858; amended Pub. L. 115–177, § 1(c)(2), June 1, 2018, 132 Stat. 1377; Pub. L. 116–283, div. A, title IX, § 926(a)(34), Jan. 1, 2021, 134 Stat. 3830.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (a)(1). Pub. L. 116–283 substituted “air, or space service” for “or air service”.
2018—Subsecs. (c), (d). Pub. L. 115–177 added subsec. (c) and redesignated former subsec. (c) as (d).