(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
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
1118 of this title, or payments of compensation pursuant to section
1117 of this title, will not be in order.
(b)Nothing in section
1118 of this title, subsection (a) of this section, or section 5 ofPublic 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.
1998—Subsec. (a). Pub. L. 105–277substituted “1117, or 1118” for “or 1117” and “, 1116, or 1118” for “or 1116”.
Subsec. (b). Pub. L. 105–277, § 1602(b)(1), substituted “1117, or 1118” for “or 1117”.
1994—Subsec. (a). Pub. L. 103–446, § 106(b), inserted “or disabilities” after “diseases” in two places, substituted “purview of section
1117” for “purview of section
1116”, and inserted “, or payments of compensation pursuant to section
1117 of this title,” before “will not”.
Subsec. (b). Pub. L. 103–446, § 501(b)(1), substituted “title,” for “title or” and inserted “, or section 5 ofPublic Law 98–542 (38 U.S.C. 1154 note)” after “of this section”.
Section 501(b)(2) ofPub. L. 103–446provided 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].”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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