Title 10 — Armed ForcesRelease 119-73
§1207a Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 61— - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY › § 1207a
Summary
Treat a disability as if it began while the member was getting basic pay when deciding if it happened in the line of duty, if the member would otherwise qualify under sections 1201, 1202, or 1203 but the disability is found to have started before the member began getting basic pay in their current active-duty period. This rule only applies to members with at least eight years of active service.
Full Legal Text
Title 10, §1207a
Armed Forces — Source: USLM XML via OLRC
(a)In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty.
(b)A member described in subsection (a) is a member with at least eight years of active service.
Reference
Citations & Metadata
Citation
10 U.S.C. § 1207a
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73