§1702 — Title 38 Veterans' Benefits | U.S. Code

Summary

Treats veterans as having service-connected psychosis if they meet two time rules. A veteran of World War II, the Korean conflict, the Vietnam era, or the Persian Gulf War who developed active psychosis within two years after leaving service, and who developed it before these cut-off dates, will be treated as having the condition caused by their service: before July 26, 1949 for World War II; before February 1, 1957 for the Korean conflict; before May 8, 1977 for the Vietnam era; and for the Persian Gulf War, before the end of the two-year period that starts on the last day of the Persian Gulf War. For Persian Gulf War veterans, active mental illness other than psychosis will also be treated as service-connected if it appears within two years after discharge and before the end of the two-year period that starts on the last day of the Persian Gulf War.

Title 38, §1702

Veterans' Benefits — Source: USLM XML via OLRC

(a)For the purposes of this chapter, any veteran of World War II, the Korean conflict, the Vietnam era, or the Persian Gulf War who developed an active psychosis (1) within two years after discharge or release from the active military, naval, or air service, and (2) before July 26, 1949, in the case of a veteran of World War II, before February 1, 1957, in the case of a veteran of the Korean conflict, before May 8, 1977, in the case of a Vietnam era veteran, or before the end of the two-year period beginning on the last day of the Persian Gulf War, in the case of a veteran of the Persian Gulf War, shall be deemed to have incurred such disability in the active military, naval, or air service.

(b)For purposes of this chapter, any veteran of the Persian Gulf War who develops an active mental illness (other than psychosis) shall be deemed to have incurred such disability in the active military, naval, or air service if such veteran develops such disability—

(1)within two years after discharge or release from the active military, naval, or air service; and

(2)before the end of the two-year period beginning on the last day of the Persian Gulf War.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Pub. L. 110–181, § 1708(a)(2), substituted “Presumptions: psychosis after service in World War II and following periods of war; mental illness after service in the Persian Gulf War” for “Presumption relating to psychosis” in section catchline. Subsecs. (a), (b). Pub. L. 110–181, § 1708(a)(1), designated existing text as subsec. (a), inserted heading, and added subsec. (b). 1991—Pub. L. 102–83 renumbered section 602 of this title as this section. Pub. L. 102–25 substituted “the Vietnam era, or the Persian Gulf War” for “or the Vietnam era”, struck out “or” before “before

May 8, 1977”, and inserted “or before the end of the two-year period beginning on the last day of the Persian Gulf War, in the case of a veteran of the Persian Gulf War,” after “Vietnam era veterans,”. 1986—Pub. L. 99–576 struck out “his” before “discharge”. 1982—Pub. L. 97–295 substituted “before

February 1, 1957, in the case of a veteran of the Korean conflict, or before

May 8, 1977,” for “or

February 1, 1957, in the case of a veteran of the Korean conflict, or before the expiration of two years following termination of the Vietnam era”. 1967—Pub. L. 90–77 made the presumption relating to psychosis applicable to any veteran of the Vietnam era who developed an active psychosis within two years after his discharge from active service and before the expiration of two years following termination of the Vietnam era.

Statutory Notes and Related Subsidiaries

Effective Date

of 1967 AmendmentAmendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

§1702 Presumptions: Psychosis After Service in World War Ii and Following Periods of War; Mental Illness After Service in the Persian Gulf War