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.
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, § 310Omnibus 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”; andPub. 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.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.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
- 1958Pub. L. 85–857, , 72 Stat. 1119, § 310
- 1990Pub. L. 101–508, title VIII, § 8052(a)(2), , 104 Stat. 1388–351
- 1991renumbered § 1110, Pub. L. 102–83, § 5(a), , 105 Stat. 406
- 1998Pub. L. 105–178, title VIII, § 8202(a), , 112 Stat. 492
- 1998Pub. L. 105–206, title IX, § 9014(a), , 112 Stat. 865
- 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.)