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

Summary

State laws that presume someone is dead cannot be used for benefit claims handled by the Secretary. If the Secretary gets convincing proof that a person has been gone from home and family for seven or more years, and a thorough search finds no sign the person is alive after they disappeared, the Secretary will treat that person as dead as of the day the seven years ended. The Secretary’s finding is final, except in a lawsuit brought under section 1984 of this title.

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