38 U.S. Code § 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, § 331; Pub. L. 101–508, title VIII, § 8052(a)(3),Nov. 5, 1990, 104 Stat. 1388–351; renumbered § 1131,Pub. L. 102–83, § 5(a),Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–178, title VIII, § 8202(b),June 9, 1998, 112 Stat. 492; Pub. L. 105–206, title IX, § 9014(a),July 22, 1998, 112 Stat. 865.)
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 L. 105–206, which provided that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made.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. 102–83renumbered section 331 of this title as this section.
1990—Pub. L. 101–508substituted “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. 105–206effective simultaneously with enactment of Pub. L. 105–178and to be treated as included in Pub. L. 105–178at 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. 105–206to be treated as not enacted, see section 9016 ofPub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–508effective with respect to claims filed after Oct. 31, 1990, see section 8052(b) ofPub. L. 101–508, set out as a note under section 105 of this title.
Construction of 1998 Amendment