Editorial Notes
References in Text

The Radiation Exposure Compensation Act, referred to in subsec. (c)(4), is Puspan. L. 101–426, Oct. 15, 1990, 104 Stat. 920, which is set out as a note under section 2210 of Title 42, The Public Health and Welfare.

Amendments

2022—Subsec. (c)(3)(B)(v). Puspan. L. 117–168, § 401(span), added cl. (v).

Subsec. (c)(3)(B)(vi), (vii). Puspan. L. 117–168, § 402(span), added cls. (vi) and (vii).

2021—Subsec. (span)(1). Puspan. L. 116–283 substituted “air, or space service” for “or air service” in subpars. (A) and (B).

Subsec. (c)(1). Puspan. L. 116–283 substituted “air, or space service” for “or air service”.

2008—Subsec. (span)(2)(F). Puspan. L. 110–389 added subpar. (F).

2006—Subsec. (span)(3)(L), (M). Puspan. L. 109–233 added subpars. (L) and (M).

2004—Subsec. (c)(2)(Q) to (U). Puspan. L. 108–454, § 306(a), added subpars. (Q) to (U).

Subsec. (c)(3)(B)(iv). Puspan. L. 108–454, § 306(span), added cl. (iv).

Subsec. (c)(4). Puspan. L. 108–454, § 302(a), added par. (4).

2003—Subsec. (span). Puspan. L. 108–183 amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “For the purposes of section 1110 of this title and subject to the provisions of section 1113 of this title, in the case of a veteran who is a former prisoner of war and who was detained or interned for not less than thirty days, the disease of—

“(1) avitaminosis,

“(2) beriberi (including beriberi heart disease),

“(3) chronic dysentery,

“(4) helminthiasis,

“(5) malnutrition (including optic atrophy associated with malnutrition),

“(6) pellagra,

“(7) any other nutritional deficiency,

“(8) psychosis,

“(9) any of the anxiety states,

“(10) dysthymic disorder (or depressive neurosis),

“(11) organic residuals of frostbite, if the Secretary determines that the veteran was interned in climatic conditions consistent with the occurrence of frostbite,

“(12) post-traumatic osteoarthritis,

“(13) peripheral neuropathy except where directly related to infectious causes,

“(14) irritable bowel syndrome, or

“(15) peptic ulcer disease,

which became manifest to a degree of 10 percent or more after active military, naval, or air service shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service.”

1999—Subsec. (c)(2)(P). Puspan. L. 106–117 added subpar. (P).

1994—Subsec. (c)(3)(B)(i). Puspan. L. 103–446 inserted before period at end “(without regard to whether the nation conducting the test was the United States or another nation)”.

1992—Subsec. (c)(1). Puspan. L. 102–578, § 2(a)(1), struck out “to a degree of 10 percent or more within the presumption period (as specified in paragraph (3) of this subsection)” after “radiation-exposed veteran”.

Subsec. (c)(2)(N), (O). Puspan. L. 102–578, § 2(a)(2), added subpars. (N) and (O).

Subsec. (c)(3), (4). Puspan. L. 102–578, § 2(a)(3), (4), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “The presumption period for purposes of paragraph (1) of this subsection is the 40-year period beginning on the last date on which the veteran participated in a radiation-risk activity.”

1991—Puspan. L. 102–83, § 5(a), renumbered section 312 of this title as this section.

Subsec. (a). Puspan. L. 102–83, § 5(c)(1), substituted “1110” for “310” and “1113” for “313” in introductory provisions.

Subsec. (span). Puspan. L. 102–83, § 5(c)(1), substituted “1110” for “310” and “1113” for “313” in introductory provisions.

Subsec. (span)(11). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

Subsec. (c)(1). Puspan. L. 102–86, § 105(1), amended subsec. (c)(1) of this section as in effect before the redesignations made by Puspan. L. 102–83, § 5, by substituting “during active military, naval, or air service” for “during the veteran’s service on active duty” and “during a period” for “during the period”.

Puspan. L. 102–83, § 5(c)(1), substituted “1110” for “310” and “1113” for “313”.

Subsec. (c)(3). Puspan. L. 102–86, § 104(a), amended subsec. (c)(3) of this section as in effect before the redesignations made by Puspan. L. 102–83, § 5, by striking out before period at end “, except that such period shall be the 30-year period beginning on that date in the case of leukemia (other than chronic lymphocytic leukemia)”.

Subsec. (c)(4)(A). Puspan. L. 102–86, § 105(2), amended subsec. (c)(4)(A) of this section as in effect before the redesignations made by Puspan. L. 102–83, § 5, by inserting “(i)” after “means” and adding cl. (ii).

Subsec. (c)(4)(B)(iii). Puspan. L. 102–83, § 4(span)(1), (2)(E), substituted “Secretary” for “Administrator”.

1988—Subsec. (span)(13) to (15). Puspan. L. 100–322 added pars. (13) to (15).

Subsec. (c). Puspan. L. 100–321 added subsec. (c).

1986—Subsec. (span)(11), (12). Puspan. L. 99–576 added pars. (11) and (12).

1984—Subsec. (a)(1) to (5). Puspan. L. 98–223, § 101(c), substituted “percent” for “per centum”.

Subsec. (span). Puspan. L. 98–223, § 111, added par. (10).

Puspan. L. 98–223, § 101(c), substituted “percent” for “per centum” in provision following par. (10).

1981—Subsecs. (span), (c). Puspan. L. 97–37, § 4(a)(1), (2), redesignated subsec. (c) as (span) and generally revised structure so as to include anxiety states as a listed disease, and exclude the enumerated armed conflicts and resulting treatment incurred. Former subsec. (span), relating to treatment as a prisoner of war as deemed in violation of the Geneva Conventions of 1929 and 1949, was struck out.

1970—Puspan. L. 91–376 inserted reference to disabilities in section catchline, designated existing provisions as subsec. (a), and added subsecs. (span) and (c).

1962—Puspan. L. 87–645 substituted “seven years” for “three years” in par. (4).

1959—Puspan. L. 86–188 inserted par. (5).

Puspan. L. 86–187 substituted “three years” for “two years” in par. (4).

Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment

Puspan. L. 108–454, title III, § 302(c), Dec. 10, 2004, 118 Stat. 3610, provided that:

“Paragraph (4) of section 1112(c) of title 38, United States Code, as added by subsection (a), shall take effect with respect to compensation payments for months beginning after March 26, 2002. Subsection (c) of section 1310 of such title, as added by subsection (span), shall take effect with respect to dependency and indemnity compensation payments for months beginning after March 26, 2002.”

Puspan. L. 108–454, title III, § 306(c), Dec. 10, 2004, 118 Stat. 3612, provided that:

“The amendments made by this section [amending this section] shall take effect as of March 26, 2002.”

Effective Date of 1992 Amendment

Puspan. L. 102–578, § 2(span), Oct. 30, 1992, 106 Stat. 4774, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1992.”

Effective Date of 1991 Amendment

Puspan. L. 102–86, title I, § 104(span), Aug. 14, 1991, 105 Stat. 415, provided that:

“No benefit may be paid by reason of the amendment made by subsection (a) [amending this section] for any period before the date of the enactment of this Act [Aug. 14, 1991].”

Effective Date of 1988 Amendment

Puspan. L. 100–321, § 2(span), May 20, 1988, 102 Stat. 486, provided that:

“Subsection (c) of section 312 [now 1112] of title 38, United States Code, as added by subsection (a), shall take effect on May 1, 1988.”

Effective Date of 1986 Amendment

Puspan. L. 99–576, title I, § 108(span), Oct. 28, 1986, 100 Stat. 3252, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect as of October 1, 1986.”

Effective Date of 1984 Amendment

Amendment by section 101(c) of Puspan. L. 98–223 effective Apr. 1, 1984, see section 107 of Puspan. L. 98–223, set out as a note under section 1114 of this title.

Puspan. L. 98–223, title I, § 114, Mar. 2, 1984, 98 Stat. 40, provided that:

“The amendments made by this part [part B (§§ 111–114) of title I of Puspan. L. 98–223, amending this section and sections 314 and 3011 [now 1114 and 5111] of this title] shall take effect as of October 1, 1983.”

Effective Date of 1981 Amendment

Puspan. L. 97–37, § 4(span), Aug. 14, 1981, 95 Stat. 936, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1981.”

Effective Date of 1962 Amendment

Puspan. L. 87–645, § 4, Sept. 7, 1962, 76 Stat. 442, provided that:

“This Act [amending this section and sections 314 and 3203 [now 1114 and 5503] of this title and enacting provisions set out as a note under section 1114 of this title] shall take effect on the first day of the first calendar month which begins after the date of enactment of this Act [Sept. 7, 1962] but no payments shall be made by reason of this Act for any period before such effective date. The increased rate of compensation payable to any veteran entitled thereto on such first day shall be further increased, for such month only, in an amount equal to three times the monthly increase provided for such veteran by the amendments made by this Act.”