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    38 USC Sec. 1133                                            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

-HEAD-

    Sec. 1133. Presumptions relating to certain diseases

-STATUTE-

      (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.

-SOURCE-

    (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.)

-MISC1-

                                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".

-SECREF-

                   SECTION REFERRED TO IN OTHER SECTIONS               

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