
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: 38USC1113]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
   CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
 
             SUBCHAPTER II--WARTIME DISABILITY COMPENSATION
 
Sec. 1113. Presumptions rebuttable

    (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 
veteran's 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, Sec. 313; Pub. L. 102-4, 
Sec. 2(b), Feb. 6, 1991, 105 Stat. 13; renumbered Sec. 1113 and amended 
Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 
103-446, title I, Sec. 106(b), title V, Sec. 501(b)(1), Nov. 2, 1994, 
108 Stat. 4651, 4663; Pub. L. 105-277, div. C, title XVI, Sec. 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, Sec. 1602(b)(1), substituted ``1117, 
or 1118'' for ``or 1117''.
    1994--Subsec. (a). Pub. L. 103-446, Sec. 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, Sec. 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, Sec. 106(b)(1), substituted ``section 1112, 1116, 
or 1117'' for ``section 1112 or 1116''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 313 of this 
title as this section.
    Pub. L. 102-83, Sec. 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

    Section 501(b)(2) of Pub. L. 103-446 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].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1112, 1116, 1118, 1137 of 
this title.
