
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC108]

 
                      TITLE 38--VETERANS' BENEFITS
 
                       PART I--GENERAL PROVISIONS
 
                           CHAPTER 1--GENERAL
 
Sec. 108. Seven-year absence presumption of death

    (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 individual's home and family for seven or more years, and 
establishing that after diligent search no evidence of that individual's 
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, Sec. 701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102-83, 
Secs. 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, Sec. 4(a)(1), substituted 
``administered by the Secretary'' for ``administered by the Veterans' 
Administration''.
    Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1984'' for 
``784''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator''.
    1986--Subsec. (b). Pub. L. 99-576 substituted ``that individual's'' 
for ``his'' in two places.
