38-U.S.C.-108
§108 – Seven-Year Absence Presumption of Death
Pathway
Title 38 > Part I > Chapter 1 > Section 108
Details
- Reference: Section 108
- Legend: §108 – Seven-Year Absence Presumption of Death
- USCode Year: 2013
Provision Content
(a) No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.
(b) If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individuals home and family for seven or more years, and establishing that after diligent search no evidence of that individuals existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.
(c) Except in a suit brought pursuant to section 1984 of this title, the finding of death made by the Secretary shall be final and conclusive.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99–576, title VII, §701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102–83, §§4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406.)
Amendments
1991—Subsec. (a). Pub. L. 102–83, §4(a)(1), substituted administered by the Secretary for administered by the Veterans’ Administration.
Subsec. (b). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator.
Subsec. (c). Pub. L. 102–83, §5(c)(1), substituted 1984 for 784.
Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator.
1986—Subsec. (b). Pub. L. 99–576 substituted that individuals for his in two places.
U.S. Encyclopedia of Law Coverage
36-U.S.C.-40104 in the Legal Encyclopedia: Veterans
In this entry about 36-U.S.C.-40104, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.
Title 38 – Veterans' Benefits in the Legal Encyclopedia: Benefits
In this entry about Title 38 – Veterans' Benefits, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.
Leave a Reply