U.S. Code, Title 38, Veterans’ Benefits

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 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, § 333; renumbered § 1133 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

Amendments

     1991—Pub. L. 102–83, § 5(a), renumbered section 333 of this title as this section.

     Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted "1131" for "331".

Section Referred to in Other Sections

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

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 1133. Presumptions Relating to Certain Diseases," U.S. Code, Title 38, Veterans’ Benefits in U.S. Code, Title 38, Veterans’ Benefits (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed August 19, 2019, http://www.originalsources.com/Document.aspx?DocID=Q7U53VB1KXFBT5B.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 1133. Presumptions Relating to Certain Diseases." U.S. Code, Title 38, Veterans’ Benefits, in U.S. Code, Title 38, Veterans’ Benefits, Washington, D.C., Government Printing Office, 2002, Original Sources. 19 Aug. 2019. www.originalsources.com/Document.aspx?DocID=Q7U53VB1KXFBT5B.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 1133. Presumptions Relating to Certain Diseases' in U.S. Code, Title 38, Veterans’ Benefits. cited in 2002, U.S. Code, Title 38, Veterans’ Benefits, Government Printing Office, Washington, D.C.. Original Sources, retrieved 19 August 2019, from http://www.originalsources.com/Document.aspx?DocID=Q7U53VB1KXFBT5B.