
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: 38USC1103]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
   CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
 
                          SUBCHAPTER I--GENERAL
 
Sec. 1103. Special provisions relating to claims based upon 
        effects of tobacco products
        
    (a) Notwithstanding any other provision of law, a veteran's 
disability or death shall not be considered to have resulted from 
personal injury suffered or disease contracted in the line of duty in 
the active military, naval, or air service for purposes of this title on 
the basis that it resulted from injury or disease attributable to the 
use of tobacco products by the veteran during the veteran's service.
    (b) Nothing in subsection (a) shall be construed as precluding the 
establishment of service connection for disability or death from a 
disease or injury which is otherwise shown to have been incurred or 
aggravated in active military, naval, or air service or which became 
manifest to the requisite degree of disability during any applicable 
presumptive period specified in section 1112 or 1116 of this title.

(Added Pub. L. 105-178, title VIII, Sec. 8202(a)(1), as added Pub. L. 
105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat. 865.)


                            Prior Provisions

    A prior section 1103 was renumbered section 1104 of this title.


                             Effective Date

    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, see section 9016 of Pub. L. 105-206, set out as an 
Effective Date of 1998 Amendment note under section 101 of Title 23, 
Highways.
    Pub. L. 105-178, title VIII, Sec. 8202(b), as amended by Pub. L. 
105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat. 865, provided 
that: ``Section 1103 of title 38, United States Code, as added by 
subsection (a), shall apply with respect to claims received by the 
Secretary of Veterans Affairs after the date of the enactment of this 
Act [June 9, 1998].''
