Title 38 — Veterans' BenefitsRelease 119-73
§1159 Protection of service connection
Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 11— - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter SUBCHAPTER VI— - GENERAL COMPENSATION PROVISIONS › § 1159
Summary
Service benefits in force 10+ years may not be ended after Jan 1, 1962, unless obtained by fraud or military records show no required service or proper discharge. The 10‑year clock starts on the Secretary's date.
Full Legal Text
Title 38, §1159
Veterans' Benefits — Source: USLM XML via OLRC
Service connection for any disability or death granted under this title which has been in force for ten or more years shall not be severed on or after January 1, 1962, except upon a showing that the original grant of service connection was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1991—Pub. L. 102–83, § 5(a), renumbered section 359 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1962—Pub. L. 87–825 provided for computation of the period from the date the administrator determines as the date the status commenced for rating purposes.
Statutory Notes and Related Subsidiaries
Effective Date
of 1962 AmendmentAmendment by Pub. L. 87–825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87–825, set out as a note under section 110 of this title.
Reference
Citations & Metadata
Citation
38 U.S.C. § 1159
Title 38 — Veterans' Benefits
Last Updated
Apr 6, 2026
Release point: 119-73