-CITE-

    38 USC Sec. 1113                                            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. 1113. Presumptions rebuttable

-STATUTE-

      (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.

-SOURCE-

    (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.)

-MISC1-

                                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]."

-SECREF-

                   SECTION REFERRED TO IN OTHER SECTIONS               

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

    this title.