
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: 38USC1131]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
   CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
 
            SUBCHAPTER IV--PEACETIME DISABILITY COMPENSATION
 
Sec. 1131. Basic entitlement

    For disability resulting from personal injury suffered or disease 
contracted in line of duty, or for aggravation of a preexisting injury 
suffered or disease contracted in line of duty, in the active military, 
naval, or air service, during other than a period of war, the United 
States will pay to any veteran thus disabled and who was discharged or 
released under conditions other than dishonorable from the period of 
service in which said injury or disease was incurred, or preexisting 
injury or disease was aggravated, compensation as provided in this 
subchapter, but no compensation shall be paid if the disability is a 
result of the veteran's own willful misconduct or abuse of alcohol or 
drugs.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 331; Pub. L. 101-
508, title VIII, Sec. 8052(a)(3), Nov. 5, 1990, 104 Stat. 1388-351; 
renumbered Sec. 1131, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 
406; Pub. L. 105-178, title VIII, Sec. 8202(b), June 9, 1998, 112 Stat. 
492; Pub. L. 105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat. 
865.)


                               Amendments

    1998--Pub. L. 105-178, which directed the substitution of ``, abuse 
of alcohol or drugs, or use of tobacco products'' for ``or abuse of 
alcohol or drugs'' before the period at end, was amended generally by 
Pub. L. 105-206, which provided that the amendments made by that section 
as originally enacted shall be treated for all purposes as not having 
been made. See Effective Date of 1998 Amendment note below.
    1991--Pub. L. 102-83 renumbered section 331 of this title as this 
section.
    1990--Pub. L. 101-508 substituted ``a result of the veteran's own 
willful misconduct or abuse of alcohol or drugs'' for ``the result of 
the veteran's own willful misconduct''.


                    Effective Date of 1998 Amendment

    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, and provisions of Pub. L. 105-178, as in effect on 
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206, 
set out as a note under section 101 of Title 23, Highways.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-508 effective with respect to claims filed 
after Oct. 31, 1990, see section 8052(b) of Pub. L. 101-508, set out as 
a note under section 105 of this title.


                     Construction of 1998 Amendment

    Pub. L. 105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat. 
865, provided that section 8202 of Pub. L. 105-178 is amended generally 
and that the amendments made by that section as originally enacted shall 
be treated for all purposes as not having been made.


                            Cross References

    Naval Reserves and Marine Corps Reserve, disability and death 
benefits, see section 6148 of Title 10, Armed Forces.

                  Section Referred to in Other Sections

    This section is referred to in sections 1132, 1133, 1134 of this 
title.
