U.S. Code » Title 38 » Part PART II— GENERAL BENEFITS › Chapter CHAPTER 11— COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter SUBCHAPTER II— WARTIME DISABILITY COMPENSATION

38 U.S.C. § 1110

Basic entitlement

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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 line of duty, in the active military, naval, air, or space service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran’s own willful misconduct or abuse of alcohol or drugs.

Notes of Decisions
Cited in 2,074 cases (248 in the last 5 years), 1991–2026 · leading case: Dingess - Hartman v. Nicholson, 19 Vet. App. 473 (Vet. App. 2006).
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Dingess - Hartman v. Nicholson, 19 Vet. App. 473 (Vet. App. 2006). · cites it 6× “Dingess, under 38 U.S.C. § 1110 , service connection for PTSD and assigned (1) a temporary total disability rating for the duration of his in-patient treatment program and (2) a 10% rating thereafter, effective from June 22, 1999.”
Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). · cites it 5× “The Veterans Court erred as a matter of law in finding that Saunders's pain alone, absent a specific diagnosis or otherwise identified disease or injury, cannot constitute a disability under 38 U.S.C. § 1110 (2016). We therefore reverse the Veterans Court's legal determination…”
Kalick v. United States, 109 Fed. Cl. 551 (Fed. Cl. 2013). · cites it 15× “See 38 U.S.C. § 1110 (2006) (“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 line of duty, .”
Jacob Wanner & King L. Wright, Claimants-Appellees v. Anthony J. Principi, Sec'y of Vets. Affairs, 370 F.3d 1124 (Fed. Cir. 2004). · cites it 8× “87a, Diagnostic Code (“DC”) 6260 (1998), 1 was invalid as inconsistent with 38 U.S.C. § 1110 . Wanner v. Principi, 17 Vet.”
Larry G. Tyrues v. Eric K. Shinseki, 23 Vet. App. 166 (Vet. App. 2009). · cites it 7× “38 U.S.C. § 1110 ; see 38 C.F.R. § 3.303 (a) (2009) (provides compensation for "a particular injury or disease resulting in disability [that] was incurred coincident with service").”
Morris v. Shinseki, 678 F.3d 1346 (Fed. Cir. 2012). · cites it 14× “§ 1111 , which, he claimed, would have entitled him to compensation under 38 U.S.C. § 1110 for a psychiatric disorder.”
James R. Cook, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 318 F.3d 1334 (Fed. Cir. 2003). · cites it 4× “§ 1110 (2000) (providing for wartime disability compensation); 38 U.S.C. § 1121 (2000) (providing for wartime death compensation for designated heirs and dependents); 38 U.”
Hagen v. Hagen, 282 S.W.3d 899 (Tex. 2009). · cites it 4× “1119 (1958) (current version at 38 U.S.C. § 1110 ). Under Title 10, if a member was found to be disabled, the secretary of the applicable branch of the armed forces could "retire the member, with retired pay" computed under the statute.”
Stanley J. Palczewski v. R. James Nicholson, 21 Vet. App. 174 (Vet. App. 2007). · cites it 5× “385 (2006) is in accordance with 38 U.S.C. § 1110 and a valid exercise of the Secretary’s authority pursuant to 38 U.”
Jerry R. Shedden, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 381 F.3d 1163 (Fed. Cir. 2004). · cites it 2× “See 38 U.S.C. §§ 1110 , 1131 (2000). 2 We have recently had occasion to review the application of those provisions in the context of the presumption of soundness in Wagner.”
Ellis C. Smith v. R. James Nicholson, 19 Vet. App. 63 (Vet. App. 2005). · cites it 6× “In Wanner I, this Court had concluded that it had jurisdiction to review DC 6260 for consistency with 38 U.S.C. § 1110 and that such an inquiry did not constitute a review of the rating schedule (which is prohibited by 38 U.”
Gabrielson v. Brown, 7 Vet. App. 36 (Vet. App. 1994). · cites it 4× “§ 1310 , whether a disability is service connected is established by applying chapter 11 of title 38 of the United States Code, which provides, inter alia, that “no compensation shall be paid if the disability is a result of the veteran’s own willful misconduct_” 38 U.S.C. §…”
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