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Title 38 — Veterans' BenefitsRelease 119-73not60

§1133 Presumptions Relating to Certain Diseases

Title 38 › Part II— GENERAL BENEFITS › Chapter 11— COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter IV— PEACETIME DISABILITY COMPENSATION › § 1133

Last updated Apr 5, 2026|Official source

Summary

Veterans who served six months or more are treated as if they got a tropical disease during active service if the disease shows up within one year after they leave, or if medical sources say the disease began to develop while they were serving. This covers tropical diseases and any disorder caused by treatment or prevention for those diseases. If clear proof shows the illness began before or after service, that presumption does not apply. The rule also does not stop benefits when other good evidence shows the disease started or got worse because of the veteran’s service.

Full Legal Text

Title 38, §1133

Veterans' Benefits — Source: USLM XML via OLRC

(a)For the purposes of section 1131 of this title, and subject to the provisions of subsections (b) and (c) of this section, any veteran who served for six months or more and contracts a tropical disease or a resultant disorder or disease originating because of therapy administered in connection with a tropical disease, or as a preventative thereof, shall be deemed to have incurred such disability in the active military, naval, air, or space service when it is shown to exist within one year after separation from active service, or at a time when standard and accepted treatises indicate that the incubation period thereof commenced during active service.
(b)Service-connection shall not be granted pursuant to subsection (a), in any case where the disease or disorder is shown by clear and unmistakable evidence to have had its inception before or after active military, naval, air, or space service.
(c)Nothing in this section shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, air, or space service.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted “air, or space service” for “or air service” wherever appearing. 1991—Pub. L. 102–83, § 5(a), renumbered section 333 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1131” for “331”.

Reference

Citations & Metadata

Citation

38 U.S.C. § 1133

Title 38 — Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60