Title 38

Cite as: 38 U.S.C.A. § ____

§ 101. Definitions
    For the purposes of this title_
    (2)    The term "veteran" means any person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.

    (11)    The term "period of war" means the ... the Korean war, the Vietnam era, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the congress.

    (12)    The term "veteran of any war" means any veteran who served in the active military, naval, or air service during a period of war.

§ 105
    (a)    "An injury or disease incurred during active military naval, or air service will be deemed to have been incurred in the line of duty and not the result of the veterans own misconduct when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in active military, naval, or air service, whether on active duty or on authorized leave, unless such injury or disease was the result of his own willful misconduct. ..." (38 U.S.C.A. Sec. 105(a))

§ 201.  Veterans' Administration an independent agency
    The Veterans' Administration is an independent establishment in the executive branch of the Government, especially created for or concerned in the administration of laws relating to the relief and other benefits provided by law for veterans, their dependents, and their beneficiaries.

§ 210
    (c.2)    If the Administrator determines that benefits administered by the Veterans' Administration have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, he is authorized to provide such relief on account of such error as he determines equitable, including the payment of moneys to any person whom he determines equitably entitled thereto.

    (c.3.A)    "... that any veteran, ..., has suffered loss as a consequence of reliance upon a determination by the Veterans Administration of eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Administrator is authorized to provide such relief on account of error ..." (38 U.S.C.A. Sec. 210(c)(3)(A))

§ 215.  Publication of laws relating to veterans
        This section and § 233(a.4) Could authorize a VA web site to publish all the laws that pertain to veterans.

     § 310 ... "For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty, in the active military, naval, or air service, during ..., the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable ... compensation as provided in this subchapter, ..." (38 U.S.C.A. 310, 331)

     § 311 ... "For the purposes of section 310 [and/or 331] of this title, every veteran [person ...] shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service." (38 U.S.C.A. 311, (332))

§ 313
    (b)    "Nothing in section 312 of this title or subsection (a) of this section shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgement to have been incurred in or aggravated by active, naval, or air service." (38 U.S.C.A. Sec. 313(b), (333(c)))

     § 353 "A preexisting injury or disease will be considered to have been aggravated by active military ... service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease. (38 U.S.C.A. Sec. 353)

§ 359. Protection of service connection
    "Service connection for any disability or death granted under this title which has been in force for ten or more years shall not be severed ..., except upon showing that the original grant of service connection was based upon fraud ... The mentioned period shall be computed from the date determined by the Administrator as the date on which the status commenced for rating purposes."

§ 3404
    (c.2)    (The VA requires a copy of the fee agreement between an attorney and claimant. There are many other practical restrictions to a claimant's right to an attorney within chapter 59 of that Title.)

§ 4092
    (e.1)    "Upon such review, the Court of Appeals for the Federal Circuit shall have power to affirm or, if the decision of the Court of Veterans Appeals is not in accordance with the law, to modify or reverse the decision of the Court of Veterans Appeals or to remand the matter as appropriate." (38 U.S.C.A. Sec. 4092(e)(1))

Be advised that this is not a legal opinion. Veterans must make a determination whether they will go through the court system pro se or hire an attorney. A great deal of information and advice is available through service organizations like the American Legion or Disabled American Veterans.

Want to contribute, comment, etc.? Write me! ... I have scrounged an older edition of West's publication (the only difference I have first noted is a section renumbering), so inquire if you have a question and maybe I can post related sections in this page.

as of June 22, 2001. ... Back to my personal home page .