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    38 USC Sec. 1131                                            01/19/04

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    TITLE 38 - VETERANS' BENEFITS

    PART II - GENERAL BENEFITS

    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

    SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

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    Sec. 1131. Basic entitlement

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      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.

-SOURCE-

    (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.)

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                                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    made by that section as originally enacted shall be treated for all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.

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                   SECTION REFERRED TO IN OTHER SECTIONS               

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

    title.