
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: 38USC1133]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
   CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
 
            SUBCHAPTER IV--PEACETIME DISABILITY COMPENSATION
 
Sec. 1133. Presumptions relating to certain diseases

    (a) For the purposes of section 1131 of this title, and subject to 
the provisions of subsections (b) and (c) of this section, any veteran 
who served for six months or more and contracts a tropical disease or a 
resultant disorder or disease originating because of therapy 
administered in connection with a tropical disease, or as a preventative 
thereof, shall be deemed to have incurred such disability in the active 
military, naval, or air service when it is shown to exist within one 
year after separation from active service, or at a time when standard 
and accepted treatises indicate that the incubation period thereof 
commenced during active service.
    (b) Service-connection shall not be granted pursuant to subsection 
(a), in any case where the disease or disorder is shown by clear and 
unmistakable evidence to have had its inception before or after active 
military, naval, or air service.
    (c) Nothing in this section 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. 1123, Sec. 333; renumbered 
Sec. 1133 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 
105 Stat. 406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 333 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1131'' for 
``331''.

                  Section Referred to in Other Sections

    This section is referred to in section 1137 of this title.
