§ 105. Line of duty and misconduct

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 105

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1110

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1110

2. 1986

   Pub. L. 99–576 § 701(4)(A) · 100 Stat. 3248

   1. Substituted · 38 U.S.C. § 105(a)

      Pub. L. 99–576, § 701(4)(A), substituted “result of the person’s” for “result of his”

   2. Substituted · 38 U.S.C. § 105(a)

      Pub. L. 99–576, § 701(4)(A), substituted “requiring the person” for “requiring him”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–576, § 701(4)(A), substituted “result of the person’s” for “result of his” and “requiring the person” for “requiring him”.

   Enacted provision · exact public law section
   (A) in subsection (a)— (i) by striking out “his” in the first sentence and inserting in lieu thereof “the person’s”; and (ii) by striking out “him” in the second sentence and inserting in lieu thereof “the person”; and

3. 1986

   Pub. L. 99–576 § 701(4)(B) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 105(b)(1)

   Pub. L. 99–576, § 701(4)(B), substituted “service or by absenting himself or herself” for “service, or by absenting himself”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 99–576, § 701(4)(B), substituted “service or by absenting himself or herself” for “service, or by absenting himself”.

   Enacted provision · exact public law section
   (B) in subsection (b), by striking out “service, or by absenting himself” in clause (1) and inserting in lieu thereof “service or by absenting himself or herself”.

4. 1988

   Veterans’ Benefits and Programs Improvement Act of 1988

   Pub. L. 100–689 title I § 109 · 102 Stat. 4161

   Added · 38 U.S.C. § 105(c)

   Pub. L. 100–689 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–689 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 109. EXTENSION OF DELIMITING PERIODS BY REASON OF ALCOHOL CONDITIONS. Section 105 is amended by adding at the end the following new subsection: “(c) For the purposes of any provision relating to the extension of a delimiting period under any education-benefit or rehabilitation program administered by the Veterans’ Administration, the disabling effects of chronic alcoholism shall not be considered to be the result of willful misconduct.”.

5. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 title VIII § 8052(a)(1) · 104 Stat. 1388

   Substituted · 38 U.S.C. § 105(a)

   Pub. L. 101–508 substituted “a result of the person’s own willful misconduct or abuse of alcohol or drugs” for “the result of the person’s own willful misconduct”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–508 substituted “a result of the person’s own willful misconduct or abuse of alcohol or drugs” for “the result of the person’s own willful misconduct”.

   Enacted provision · exact public law section
   (1) in section 105(a), by striking out “the result of the person’s own willful misconduct” in the first sentence and inserting in lieu thereof “a result of the person’s own willful misconduct or abuse of alcohol or drugs”;

   Effective date note
   Pub. L. 101–508, title VIII, § 8052(b), Nov. 5, 1990, 104 Stat. 1388–351, provided that: “The amendments made by subsection (a) [amending this section and sections 310 and 331 [now 1110 and 1131] of this title] shall take effect with respect to claims filed after October 31, 1990.”

6. 1991

   Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 105(c)

   Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

   Enacted provision · exact public law section
   (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

7. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 div. A title IX § 926(a)(2) · 134 Stat. 3388

   Substituted · 38 U.S.C. § 105(a)

   Pub. L. 116–283 substituted “air, or space service” for “or air service” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 116–283 substituted “air, or space service” for “or air service” in two places.

   Enacted provision · exact public law section
   (2) Section 105(a).

7 of 8 references resolved to an enrolled provision · 1 partial