Title 10, Armed ForcesRelease 119-102
§1207a Members with Over Eight Years of Active Service: Eligibility for Disability Retirement for Pre-existing Conditions
Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 61 — RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY › § 1207a
Summary
A member with at least eight years of active service is treated as if a disability that began before they became eligible for basic pay in their current active-duty period actually started while they were eligible for basic pay. That rule is used to decide whether the disability counts as having happened in the line of duty for purposes of qualifying for certain disability or retirement benefits.
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
Aug 21, 2026
Release point: 119-102