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. § 1111

Presumption of sound condition

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For the purposes of section 1110 of this title, every veteran 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.

Notes of Decisions
Cited in 261 cases (23 in the last 5 years), 1991–2025 · leading case: Clyde McKinney, Jr. v. Robert A. McDonald, 28 Vet. App. 15 (Vet. App. 2016).
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Clyde McKinney, Jr. v. Robert A. McDonald, 28 Vet. App. 15 (Vet. App. 2016). · cites it 11× “, every veteran 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…”
Peter R. Kent, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 389 F.3d 1380 (Fed. Cir. 2004). · cites it 8× “Because the Veterans’ Court did not err in its interpretation of 38 U.S.C. § 1111 and because we cannot conclude that the Veterans’ Court applied an incorrect standard of review, we affirm.”
Ronald W. Wagner, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 370 F.3d 1089 (Fed. Cir. 2004). · cites it 5× “Because the incorrect legal standard was applied to rebut the presumption of soundness under 38 U.S.C. § 1111 , we vacate and remand for further consideration under the correct standard.”
Thomas G. Joyce v. R. James Nicholson, 19 Vet. App. 36 (Vet. App. 2005). · cites it 10× “1063(I)] (implementing regulation for forerunner of 38 U.S.C. §§ 1111 and 1153), regarding the presumption of soundness upon entry into service and the presumption of aggravation, because the record before the RO in 1955 "contained no evidence that the increase in severity of…”
James J. Terry, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 340 F.3d 1378 (Fed. Cir. 2003). · cites it 5× “§§ 1110 and 1131 should be read in light of the statutory framework of which they are a part, namely 38 U.S.C. §§ 1111 and 1153. If that framework is considered, Mr.”
Dale S. Horn v. Eric K. Shinseki, 25 Vet. App. 231 (Vet. App. 2012). · cites it 4× “"3 38 U.S.C. § 1111 ; see also 38 C.F.R. § 3.”
Morris v. Shinseki, 678 F.3d 1346 (Fed. Cir. 2012). · cites it 8× “Morris's main argument to be that the 1988 Board had failed to afford him the presumption of sound condition under 38 U.S.C. § 1111 , which, he claimed, would have entitled him to compensation under 38 U.”
Daniel R. Gilbert v. Eric K. Shinseki, 26 Vet. App. 48 (Vet. App. 2012). · cites it 8× “at 21; see 38 U.S.C. § 1111 (veterans shall be presumed sound upon entering service, except as to disabilities noted at that time, unless "clear and unmistakable evidence demonstrates that the injury or disease [1] existed before acceptance and enrollment and [2] was not…”
Winn v. Brown, 8 Vet. App. 510 (Vet. App. 1996). · cites it 6× “§ 1111 , which states, For the purposes of section 1110 of this title, every veteran 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,…”
Holton v. Shinseki, 557 F.3d 1362 (Fed. Cir. 2009). · cites it 2× “§ 105 (a) and 38 U.S.C. § 1111 . A Section 105(a) states in relevant part: An injury or disease incurred during active military, naval, or air service will be deemed to have been incurred in line of duty and not the result of the veteran’s own misconduct when the person on whose…”
Benjamin F. Kent v. R. James Nicholson, 20 Vet. App. 1 (Vet. App. 2006). · cites it 3× “See 38 U.S.C. § 1111 (“[Ejvery veteran 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 .”
George v. McDonough, 991 F.3d 1227 (Fed. Cir. 2021). · cites it 4× “§ 311 (1970) (now codified as 38 U.S.C. § 1111 )1 (emphasis added). Under this standard, a veteran is pre- sumed to have been in sound condition at entry to service as to disorders that are not identified on the veteran’s en- trance medical examination.”
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