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Title 38 — Veterans’ Benefits

Part II · Chapter 11 — Compensation for Service-Connected Disability or Death

§ 1110. Basic entitlement

Statutory text

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, air, or space service, during 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.

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. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 1110

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 310

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 310

  2. Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 title VIII § 8052(a)(2) · 104 Stat. 1388

    Substituted · 38 U.S.C. § 1110

    Pub. L. 101–508 substituted “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”

    Source evidence

    Code amendment note
    Pub. L. 101–508 substituted “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”.

    Enacted provision · exact public law section
    (2) in section 310, by striking out “the result of the veteran’s own willful misconduct” and inserting in lieu thereof “a result of the veteran’s own willful misconduct or abuse of alcohol or drugs”; and

  3. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 1110

    Pub. L. 102–83 renumbered section 310 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 310 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  4. Veterans Benefits Act of 1998

    Pub. L. 105–178 title VIII § 8202(a) · 112 Stat. 107

    Substituted · 38 U.S.C. § 1110

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Wartime Disability Compensation.— Section 1110 of title 38, United States Code, is amended by striking “or abuse of alcohol or drugs” and inserting “abuse of alcohol or drugs, or use of tobacco products”.

    Effective date note
    Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at 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. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

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

    Pub. L. 116–283 div. A title IX § 926(a)(7) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 1110

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

    Source evidence

    Code amendment note
    Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (7) Section 1110.

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1990–2021 · 4 rounds

2021

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

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. 102–83 renumbered section 310 of this title as this section.

1990

Pub. L. 101–508 substituted “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”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178 as in effect on day before , that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–508 effective with respect to claims filed after , see section 8052(b) of Pub. L. 101–508, set out as a note under section 105 of this title.

Construction of 1998 Amendment

Pub. L. 105–206, title IX, § 9014(a), , 112 Stat. 865, provided that section 8202 of Pub. L. 105–178 is amended generally and that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made.

Credits

1958–2021 · 6 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1119, § 310
  2. 1990Pub. L. 101–508, title VIII, § 8052(a)(2), , 104 Stat. 1388–351
  3. 1991renumbered § 1110, Pub. L. 102–83, § 5(a), , 105 Stat. 406
  4. 1998Pub. L. 105–178, title VIII, § 8202(a), , 112 Stat. 492
  5. 1998Pub. L. 105–206, title IX, § 9014(a), , 112 Stat. 865
  6. 2021Pub. L. 116–283, div. A, title IX, § 926(a)(7), , 134 Stat. 3830.
Show as published

(Pub. L. 85–857, , 72 Stat. 1119, § 310; Pub. L. 101–508, title VIII, § 8052(a)(2), , 104 Stat. 1388–351; renumbered § 1110, Pub. L. 102–83, § 5(a), , 105 Stat. 406; Pub. L. 105–178, title VIII, § 8202(a), , 112 Stat. 492; Pub. L. 105–206, title IX, § 9014(a), , 112 Stat. 865; Pub. L. 116–283, div. A, title IX, § 926(a)(7), , 134 Stat. 3830.)

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