Title 38 — Veterans’ Benefits
Part I · Chapter 1 — General
§ 108. Seven-year absence presumption of death
Statutory text
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.
Except in a suit brought pursuant to section 1984 of this title, the finding of death made by the Secretary shall be final and conclusive.
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.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 108
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1112
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1112Pub. L. 99–576 title VII § 701(7) · 100 Stat. 3248
Substituted · 38 U.S.C. § 108(b)
Pub. L. 99–576 substituted “that individual’s” for “his” in two places
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–576 substituted “that individual’s” for “his” in two places.Enacted provision · exact public law section
(7) Section 108(b) is amended by striking out “his” both places it appears and inserting in lieu thereof “that individual’s”.Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 108(a)
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–83, § 4(a)(1), 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”.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 108(b)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.Enacted provision · exact public law section
(1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 108(c)
Pub. L. 102–83, § 5(c)(1), substituted “1984” for “784”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1984” for “784”.Enacted provision · exact public law section
(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 108(c)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.Enacted provision · exact public law section
(1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.
5 of 6 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1986–1991 · 2 rounds
1991
Subsec. (a). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1984” for “784”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1986
Subsec. (b). Pub. L. 99–576 substituted “that individual’s” for “his” in two places.
Credits
1958–1991 · 3 acts
- 1958Pub. L. 85–857, , 72 Stat. 1112
- 1986Pub. L. 99–576, title VII, § 701(7), , 100 Stat. 3291
- 1991Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(c)(1), , 105 Stat. 403–406.
Show as published
(Pub. L. 85–857, , 72 Stat. 1112; Pub. L. 99–576, title VII, § 701(7), , 100 Stat. 3291; Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(c)(1), , 105 Stat. 403–406.)