PRIA, Government Policy, Made Personal

Summary

State laws that presume someone is dead do not apply to benefits handled by the Secretary. If the Secretary gets acceptable evidence showing a person has been gone from home and family without explanation for seven or more years, and a careful search finds no proof they are alive, the Secretary will treat that person as having died on the day the seven-year period ended. The Secretary’s finding is final and conclusive, except in a suit under section 1984.

Title 38, §108

Veterans' Benefits, Source: USLM XML via OLRC

(a)No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.

(b)If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individual’s home and family for seven or more years, and establishing that after diligent search no evidence of that individual’s existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.

(c)Except in a suit brought pursuant to section 1984 of this title, the finding of death made by the Secretary shall be final and conclusive.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Subsec. (a). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1984” for “784”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1986—Subsec. (b). Pub. L. 99–576 substituted “that individual’s” for “his” in two places.

§108 Seven-year Absence Presumption of Death

Summary

Title 38, §108

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata