US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 1113

Presumptions rebuttable

(a)
section 1117 of this title Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of any of the diseases or disabilities within the purview of section 1112, 1116, 1117, 1118, or 1120 of this title, has been suffered between the date of separation from service and the onset of any such diseases or disabilities, or the disability is due to the veteran’s own willful misconduct, service-connection pursuant to section 1112, 1116, 1118, or 1120 of this title, or payments of compensation pursuant to , will not be in order.
(b)
section 5 of Public Law 98–54238 U.S.C. 1154 Nothing in section 1112, 1116, 1117, 1118, or 1120 of this title, subsection (a) of this section, or ( note) shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, air, or space service.

Pub. L. 85–85772 Stat. 1120Pub. L. 102–4, § 2(b)105 Stat. 13Pub. L. 102–83, § 5(a)105 Stat. 406Pub. L. 103–446, title I, § 106(b)108 Stat. 4651Pub. L. 105–277, div. C, title XVI, § 1602(b)112 Stat. 2681–744Pub. L. 116–283, div. A, title IX, § 926(a)(9)134 Stat. 3830Pub. L. 117–168, title IV, § 406(c)136 Stat. 1784(, , , § 313; , , ; renumbered § 1113 and amended , (c)(1), , ; , title V, § 501(b)(1), , , 4663; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 117–1682022— substituted “1118, or 1120” for “or 1118” wherever appearing.

Pub. L. 116–2832021—Subsec. (b). substituted “air, or space service” for “or air service”.

Pub. L. 105–2771998—Subsec. (a). substituted “1117, or 1118” for “or 1117” and “, 1116, or 1118” for “or 1116”.

Pub. L. 105–277, § 1602(b)(1)Subsec. (b). , substituted “1117, or 1118” for “or 1117”.

Pub. L. 103–446, § 106(b)section 1117 of this title1994—Subsec. (a). , inserted “or disabilities” after “diseases” in two places, substituted “purview of section 1112, 1116, or 1117” for “purview of section 1112 or 1116”, and inserted “, or payments of compensation pursuant to ,” before “will not”.

Pub. L. 103–446, § 501(b)(1)section 5 of Public Law 98–54238 U.S.C. 1154Subsec. (b). , substituted “title,” for “title or” and inserted “, or ( note)” after “of this section”.

Pub. L. 103–446, § 106(b)(1), substituted “section 1112, 1116, or 1117” for “section 1112 or 1116”.

Pub. L. 102–83, § 5(a)section 313 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1), substituted “1112 or 1116” for “312 or 316” wherever appearing.

Pub. L. 102–4 inserted “or 316” after “section 312” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–168section 406(d) of Pub. L. 117–168section 1120 of this titleAmendment by effective , with additional provisions for different applicability dates applying to various categories of veterans and claimants for compensation, see , set out as an Effective Date note under .

Effective Date of 1994 Amendment

Pub. L. 103–446, title V, § 501(b)(2)108 Stat. 4663

“The amendments made by paragraph (1) [amending this section] shall apply with respect to applications for veterans benefits that are submitted to the Secretary of Veterans Affairs after the date of the enactment of this Act [].”
, , , provided that: