38-U.S.C.-1113
§1113 – Presumptions Rebuttable
Pathway
Title 38 > Part II > Chapter 11 > Subchapter II > Section 1113
Details
- Reference: Section 1113
- Legend: §1113 – Presumptions Rebuttable
- USCode Year: 2013
Provision Content
(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 veterans 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.
(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.)
Amendments
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.
Effective Date of 1994 Amendment
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].
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