
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1112]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
   CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
 
             SUBCHAPTER II--WARTIME DISABILITY COMPENSATION
 
Sec. 1112. Presumptions relating to certain diseases and 
        disabilities
        
    (a) For the purposes of section 1110 of this title, and subject to 
the provisions of section 1113 of this title, in the case of any veteran 
who served for ninety days or more during a period of war--
        (1) a chronic disease becoming manifest to a degree of 10 
    percent or more within one year from the date of separation from 
    such service;
        (2) a tropical disease, and the resultant disorders or disease 
    originating because of therapy, administered in connection with such 
    diseases, or as a preventative thereof, becoming manifest to a 
    degree of 10 percent or more within one year from the date of 
    separation from such service, or at a time when standard or accepted 
    treatises indicate that the incubation period thereof commenced 
    during such service;
        (3) active tuberculous disease developing a 10 percent degree of 
    disability or more within three years from the date of separation 
    from such service;
        (4) multiple sclerosis developing a 10 percent degree of 
    disability or more within seven years from the date of separation 
    from such service;
        (5) Hansen's disease developing a 10 percent degree of 
    disability or more within three years from the date of separation 
    from such service;

shall be considered to have been incurred in or aggravated by such 
service, notwithstanding there is no record of evidence of such disease 
during the period of service.
    (b) For the purposes of section 1110 of this title and subject to 
the provisions of section 1113 of this title, in the case of a veteran 
who is a former prisoner of war and who was detained or interned for not 
less than thirty days, the disease of--
        (1) avitaminosis,
        (2) beriberi (including beriberi heart disease),
        (3) chronic dysentery,
        (4) helminthiasis,
        (5) malnutrition (including optic atrophy associated with 
    malnutrition),
        (6) pellagra,
        (7) any other nutritional deficiency,
        (8) psychosis,
        (9) any of the anxiety states,
        (10) dysthymic disorder (or depressive neurosis),
        (11) organic residuals of frostbite, if the Secretary determines 
    that the veteran was interned in climatic conditions consistent with 
    the occurrence of frostbite,
        (12) post-traumatic osteoarthritis,
        (13) peripheral neuropathy except where directly related to 
    infectious causes,
        (14) irritable bowel syndrome, or
        (15) peptic ulcer disease,

which became manifest to a degree of 10 percent or more after active 
military, naval, or air service shall be considered to have been 
incurred in or aggravated by such service, notwithstanding that there is 
no record of such disease during the period of service.
    (c)(1) For the purposes of section 1110 of this title, and subject 
to the provisions of section 1113 of this title, a disease specified in 
paragraph (2) of this subsection becoming manifest in a radiation-
exposed veteran shall be considered to have been incurred in or 
aggravated during active military, naval, or air service, 
notwithstanding that there is no record of evidence of such disease 
during a period of such service.
    (2) The diseases referred to in paragraph (1) of this subsection are 
the following:
        (A) Leukemia (other than chronic lymphocytic leukemia).
        (B) Cancer of the thyroid.
        (C) Cancer of the breast.
        (D) Cancer of the pharynx.
        (E) Cancer of the esophagus.
        (F) Cancer of the stomach.
        (G) Cancer of the small intestine.
        (H) Cancer of the pancreas.
        (I) Multiple myeloma.
        (J) Lymphomas (except Hodgkin's disease).
        (K) Cancer of the bile ducts.
        (L) Cancer of the gall bladder.
        (M) Primary liver cancer (except if cirrhosis or hepatitis B is 
    indicated).
        (N) Cancer of the salivary gland.
        (O) Cancer of the urinary tract.
        (P) Bronchiolo-alveolar carcinoma.

    (3) For the purposes of this subsection:
        (A) The term ``radiation-exposed veteran'' means (i) a veteran 
    who, while serving on active duty, participated in a radiation-risk 
    activity, or (ii) an individual who, while a member of a reserve 
    component of the Armed Forces, participated in a radiation-risk 
    activity during a period of active duty for training or inactive 
    duty training.
        (B) The term ``radiation-risk activity'' means any of the 
    following:
            (i) Onsite participation in a test involving the atmospheric 
        detonation of a nuclear device (without regard to whether the 
        nation conducting the test was the United States or another 
        nation).
            (ii) The occupation of Hiroshima or Nagasaki, Japan, by 
        United States forces during the period beginning on August 6, 
        1945, and ending on July 1, 1946.
            (iii) Internment as prisoner of war in Japan (or service on 
        active duty in Japan immediately following such internment) 
        during World War II which (as determined by the Secretary) 
        resulted in an opportunity for exposure to ionizing radiation 
        comparable to that of veterans described in clause (ii) of this 
        subparagraph.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, Sec. 312; Pub. L. 86-187, 
Aug. 25, 1959, 73 Stat. 418; Pub. L. 86-188, Aug. 25, 1959, 73 Stat. 
418; Pub. L. 87-645, Sec. 3, Sept. 7, 1962, 76 Stat. 442; Pub. L. 91-
376, Sec. 3(a), (b), Aug. 12, 1970, 84 Stat. 788, 789; Pub. L. 97-37, 
Sec. 4(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 98-223, title I, 
Secs. 101(c), 111, Mar. 2, 1984, 98 Stat. 38, 40; Pub. L. 99-576, title 
I, Sec. 108(a), Oct. 28, 1986, 100 Stat. 3252; Pub. L. 100-321, 
Sec. 2(a), May 20, 1988, 102 Stat. 485; Pub. L. 100-322, title III, 
Sec. 312, May 20, 1988, 102 Stat. 534; renumbered Sec. 1112 and amended 
Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 
Stat. 404-406; Pub. L. 102-86, title I, Secs. 104(a), 105, Aug. 14, 
1991, 105 Stat. 415; Pub. L. 102-578, Sec. 2(a), Oct. 30, 1992, 106 
Stat. 4774; Pub. L. 103-446, title V, Sec. 501(a), Nov. 2, 1994, 108 
Stat. 4663; Pub. L. 106-117, title V, Sec. 503, Nov. 30, 1999, 113 Stat. 
1575.)


                               Amendments

    1999--Subsec. (c)(2)(P). Pub. L. 106-117 added subpar. (P).
    1994--Subsec. (c)(3)(B)(i). Pub. L. 103-446 inserted before period 
at end ``(without regard to whether the nation conducting the test was 
the United States or another nation)''.
    1992--Subsec. (c)(1). Pub. L. 102-578, Sec. 2(a)(1), struck out ``to 
a degree of 10 percent or more within the presumption period (as 
specified in paragraph (3) of this subsection)'' after ``radiation-
exposed veteran''.
    Subsec. (c)(2)(N), (O). Pub. L. 102-578, Sec. 2(a)(2), added 
subpars. (N) and (O).
    Subsec. (c)(3), (4). Pub. L. 102-578, Sec. 2(a)(3), (4), 
redesignated par. (4) as (3) and struck out former par. (3) which read 
as follows: ``The presumption period for purposes of paragraph (1) of 
this subsection is the 40-year period beginning on the last date on 
which the veteran participated in a radiation-risk activity.''
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 312 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110'' for 
``310'' and ``1113'' for ``313'' in introductory provisions.
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110'' for 
``310'' and ``1113'' for ``313'' in introductory provisions.
    Subsec. (b)(11). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (c)(1). Pub. L. 102-86, Sec. 105(1), amended subsec. (c)(1) 
of this section as in effect before the redesignations made by Pub. L. 
102-83, Sec. 5, by substituting ``during active military, naval, or air 
service'' for ``during the veteran's service on active duty'' and 
``during a period'' for ``during the period''.
    Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110'' for ``310'' and 
``1113'' for ``313''.
    Subsec. (c)(3). Pub. L. 102-86, Sec. 104(a), amended subsec. (c)(3) 
of this section as in effect before the redesignations made by Pub. L. 
102-83, Sec. 5, by striking out before period at end ``, except that 
such period shall be the 30-year period beginning on that date in the 
case of leukemia (other than chronic lymphocytic leukemia)''.
    Subsec. (c)(4)(A). Pub. L. 102-86, Sec. 105(2), amended subsec. 
(c)(4)(A) of this section as in effect before the redesignations made by 
Pub. L. 102-83, Sec. 5, by inserting ``(i)'' after ``means'' and adding 
cl. (ii).
    Subsec. (c)(4)(B)(iii). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), 
substituted ``Secretary'' for ``Administrator''.
    1988--Subsec. (b)(13) to (15). Pub. L. 100-322 added pars. (13) to 
(15).
    Subsec. (c). Pub. L. 100-321 added subsec. (c).
    1986--Subsec. (b)(11), (12). Pub. L. 99-576 added pars. (11) and 
(12).
    1984--Subsec. (a)(1) to (5). Pub. L. 98-223, Sec. 101(c), 
substituted ``percent'' for ``per centum''.
    Subsec. (b). Pub. L. 98-223, Sec. 111, added par. (10).
    Pub. L. 98-223, Sec. 101(c), substituted ``percent'' for ``per 
centum'' in provision following par. (10).
    1981--Subsecs. (b), (c). Pub. L. 97-37, Sec. 4(a)(1), (2), 
redesignated subsec. (c) as (b) and generally revised structure so as to 
include anxiety states as a listed disease, and exclude the enumerated 
armed conflicts and resulting treatment incurred. Former subsec. (b), 
relating to treatment as a prisoner of war as deemed in violation of the 
Geneva Conventions of 1929 and 1949, was struck out.
    1970--Pub. L. 91-376 inserted reference to disabilities in section 
catchline, designated existing provisions as subsec. (a), and added 
subsecs. (b) and (c).
    1962--Pub. L. 87-645 substituted ``seven years'' for ``three years'' 
in par. (4).
    1959--Pub. L. 86-188 inserted par. (5).
    Pub. L. 86-187 substituted ``three years'' for ``two years'' in par. 
(4).


                    Effective Date of 1992 Amendment

    Section 2(b) of Pub. L. 102-578 provided that: ``The amendments made 
by subsection (a) [amending this section] shall take effect on October 
1, 1992.''


                    Effective Date of 1991 Amendment

    Section 104(b) of Pub. L. 102-86 provided that: ``No benefit may be 
paid by reason of the amendment made by subsection (a) [amending this 
section] for any period before the date of the enactment of this Act 
[Aug. 14, 1991].''


                    Effective Date of 1988 Amendment

    Section 2(b) of Pub. L. 100-321 provided that: ``Subsection (c) of 
section 312 [now 1112] of title 38, United States Code, as added by 
subsection (a), shall take effect on May 1, 1988.''


                    Effective Date of 1986 Amendment

    Section 108(b) of Pub. L. 99-576 provided that: ``The amendments 
made by subsection (a) [amending this section] shall take effect as of 
October 1, 1986.''


                    Effective Date of 1984 Amendment

    Amendment by section 101(c) of Pub. L. 98-223 effective Apr. 1, 
1984, see section 107 of Pub. L. 98-223, set out as a note under section 
1114 of this title.
    Section 114 of Pub. L. 98-223 provided that: ``The amendments made 
by this part [part B (Secs. 111-114) of title I of Pub. L. 98-223, 
amending this section and sections 314 and 3011 [now 1114 and 5111] of 
this title] shall take effect as of October 1, 1983.''


                    Effective Date of 1981 Amendment

    Section 4(b) of Pub. L. 97-37 provided that: ``The amendments made 
by subsection (a) [amending this section] shall take effect on October 
1, 1981.''


                    Effective Date of 1962 Amendment

    Section 4 of Pub. L. 87-645 provided that: ``This Act [amending this 
section and sections 314 and 3203 [now 1114 and 5503] of this title and 
enacting provisions set out as a note under section 1114 of this title] 
shall take effect on the first day of the first calendar month which 
begins after the date of enactment of this Act [Sept. 7, 1962] but no 
payments shall be made by reason of this Act for any period before such 
effective date. The increased rate of compensation payable to any 
veteran entitled thereto on such first day shall be further increased, 
for such month only, in an amount equal to three times the monthly 
increase provided for such veteran by the amendments made by this Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1103, 1113, 1137, 1710 of 
this title.
