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Title 38, Veterans' BenefitsRelease 119-102

§1910 Incontestability

Title 38 › PART II — GENERAL BENEFITS › CHAPTER 19 — INSURANCE › SUBCHAPTER I — NATIONAL SERVICE LIFE INSURANCE › § 1910

Last updated Aug 21, 2026|Official source

Summary

As limited by other rules, all VA insurance policies are final and cannot be challenged once they are issued, reinstated, or converted, except if there was fraud, the premium was not paid, or the applicant was not a member of the U.S. military or Navy. If a policy is canceled for fraud after March 16, 1954, the Secretary must return premiums paid for any time after two years from the date the fraud led the Secretary to issue, reinstate, or convert the policy, minus any dividends, loans, or other payments already given. The refund goes to the insured if alive, otherwise to the named beneficiary or, if none, to the insured’s estate.

Full Legal Text

Title 38, §1910

Veterans' Benefits, Source: USLM XML via OLRC

Subject to the provisions of section 1911 of this title all contracts or policies of insurance heretofore or hereafter issued, reinstated, or converted shall be incontestable from the date of issue, reinstatement, or conversion except for fraud, nonpayment of premium, or on the ground that the applicant was not a member of the military or naval forces of the United States. However, in any case in which a contract or policy of insurance is canceled or voided after March 16, 1954, because of fraud, the Secretary shall refund to the insured, if living, or, if deceased, to the person designated as beneficiary (or if none survives, to the estate of the insured) all money, without interest, paid as premiums on such contract or policy for any period subsequent to two years after the date such fraud induced the Secretary to issue, reinstate, or convert such insurance less any dividends, loan, or other payment made to the insured under such contract or policy.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 710 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted “1911” for “711”. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “shall”. Pub. L. 102–83, § 4(a)(2)(A)(iii)(II), substituted “Secretary” for “Veterans’ Administration” before “to issue”.

Reference

Citations & Metadata

Citation

38 U.S.C. § 1910

Title 38, Veterans' Benefits

Last Updated

Aug 21, 2026

Release point: 119-102