§105 — Title 38 Veterans' Benefits | U.S. Code

Summary

Injuries or illnesses that happen while someone is in active military, naval, air, or space service — including when on authorized leave — are treated as having happened on duty and not blamed on the veteran, unless the injury or illness was caused by the person’s own willful bad conduct or by abuse of alcohol or drugs. If a service member follows the service rules to report and get treated for a venereal disease, it is not automatically seen as willful misconduct. That presumption does not apply in three cases: if the person was avoiding duty by deserting or being absent without leave in a way that hurt military work; if the person was confined after a court-martial with an unremitted dishonorable discharge; or if the person was confined after a civil felony conviction. For extending deadlines in education or rehabilitation programs run by the Secretary, the disabling effects of chronic alcoholism are not treated as willful misconduct.

Title 38, §105

Veterans' Benefits — Source: USLM XML via OLRC

(a)An injury or disease incurred during active military, naval, air, or space service will be deemed to have been incurred in line of duty and not the result of the veteran’s own misconduct when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in active military, naval, air, or space service, whether on active duty or on authorized leave, unless such injury or disease was a result of the person’s own willful misconduct or abuse of alcohol or drugs. Venereal disease shall not be presumed to be due to willful misconduct if the person in service complies with the regulations of the appropriate service department requiring the person to report and receive treatment for such disease.

(b)The requirement for line of duty will not be met if it appears that at the time the injury was suffered or disease contracted the person on whose account benefits are claimed (1) was avoiding duty by deserting the service or by absenting himself or herself without leave materially interfering with the performance of military duties; (2) was confined under sentence of court-martial involving an unremitted dishonorable discharge; or (3) was confined under sentence of a civil court for a felony (as determined under the laws of the jurisdiction where the person was convicted by such court).

(c)For the purposes of any provision relating to the extension of a delimiting period under any education-benefit or rehabilitation program administered by the Secretary, the disabling effects of chronic alcoholism shall not be considered to be the result of willful misconduct.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted “air, or space service” for “or air service” in two places. 1991—Subsec. (c). Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. 1990—Subsec. (a). Pub. L. 101–508 substituted “a result of the person’s own willful misconduct or abuse of alcohol or drugs” for “the result of the person’s own willful misconduct”. 1988—Subsec. (c). Pub. L. 100–689 added subsec. (c). 1986—Subsec. (a). Pub. L. 99–576, § 701(4)(A), substituted “result of the person’s” for “result of his” and “requiring the person” for “requiring him”. Subsec. (b)(1). Pub. L. 99–576, § 701(4)(B), substituted “service or by absenting himself or herself” for “service, or by absenting himself”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 Amendment Pub. L. 101–508, title VIII, § 8052(b), Nov. 5, 1990, 104 Stat. 1388–351, provided that: “The

Amendments

made by subsection (a) [amending this section and section 310 and 331 [now 1110 and 1131] of this title] shall take effect with respect to claims filed after October 31, 1990.”

§105 Line of Duty and Misconduct

Summary

Title 38, §105

Notes & Related Subsidiaries

Editorial Notes

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Statutory Notes and Related Subsidiaries

Effective Date

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