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38 U.S. Code § 108 - Seven-year absence presumption of death
No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.
If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individual’s home and family for seven or more years, and establishing that after diligent search no evidence of that individual’s existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.
Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1984” for “784”.
1986—Subsec. (b). Pub. L. 99–576 substituted “that individual’s” for “his” in two places.