-CITE-

    38 USC Sec. 1112                                            01/19/04

-EXPCITE-

    TITLE 38 - VETERANS' BENEFITS

    PART II - GENERAL BENEFITS

    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

    SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-

    Sec. 1112. Presumptions relating to certain diseases and

      disabilities

-STATUTE-

      (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)(1) 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 - 

        (A) a disease specified in paragraph (2) 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; and

        (B) if the veteran was detained or interned as a prisoner of

      war for not less than thirty days, a disease specified in

      paragraph (3) 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.

      (2) The diseases specified in this paragraph are the following:

        (A) Psychosis.

        (B) Any of the anxiety states.

        (C) Dysthymic disorder (or depressive neurosis).

        (D) Organic residuals of frostbite, if the Secretary determines

      that the veteran was detained or interned in climatic conditions

      consistent with the occurrence of frostbite.

        (E) Post-traumatic osteoarthritis.

      (3) The diseases specified in this paragraph are the following:

        (A) Avitaminosis.

        (B) Beriberi (including beriberi heart disease).

        (C) Chronic dysentery.

        (D) Helminthiasis.

        (E) Malnutrition (including optic atrophy associated with

      malnutrition).

        (F) Pellagra.

        (G) Any other nutritional deficiency.

        (H) Cirrhosis of the liver.

        (I) Peripheral neuropathy except where directly related to

      infectious causes.

        (J) Irritable bowel syndrome.

        (K) Peptic ulcer disease.

      (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.

-SOURCE-

    (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; Pub.

    L. 108-183, title II, Sec. 201, Dec. 16, 2003, 117 Stat. 2656.)

-MISC1-

                                AMENDMENTS                            

      2003 - Subsec. (b). Pub. L. 108-183 amended subsec. (b)

    generally. Prior to amendment, subsec. (b) read as follows: "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."

      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."

-SECREF-

                   SECTION REFERRED TO IN OTHER SECTIONS               

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

    this title; title 42 section 7385j.