38 U.S.C. § 1131
Basic entitlement
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 other than 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 362
cases (30 in the last 5 years), 1991–2024 · leading case: Michael T. Acciola v. James B. Peake, 22 Vet. App. 320 (Vet. App. 2008).
Michael T. Acciola v. James B. Peake, 22 Vet. App. 320 (Vet. App. 2008). “He argues that (1) the Board erred by not recognizing that the RO had committed CUE when it did not consider and apply 38 U.S.C. § 1131 (basic entitlement for service connection), and (2) by not discussing 38 U.”
Dingess - Hartman v. Nicholson, 19 Vet. App. 473 (Vet. App. 2006). “§ 1110 (authorizing payment of disability compensation to veterans who suffered disease or injury in the line of duty); 38 U.S.C. § 1131 (same); see also AB, supra; 38 C.”
Hagen v. Hagen, 282 S.W.3d 899 (Tex. 2009). “1122 (1958) (current version at 38 U.S.C. § 1131 ) (providing VA disability compensation for peacetime injuries).”
Charles L. Degmetich, Claimant-Appellant v. Jesse Brown, Sec'y of Vets. Affairs, 104 F.3d 1328 (Fed. Cir. 1997). “Deg-metich is a veteran who served two periods of active duty in the Air Force and National Guard between July 15, 1956 and April 4, 1960.”
Jackie Noble v. Comm'r of Soc. Sec., 963 F.3d 1317 (11th Cir. 2020). “See 38 U.S.C. § 1131 (providing that a veteran who is disabled as a result of a personal injury suffered while serving in active military, naval, or air service is entitled to compensation).”
Brown v. Gardner, 513 U.S. 115 (1994). “during a period of war,” is compensable) and 38 U. S. C. § 1131 (1988 ed., Supp. V) (“dis-.”
James R. Cook, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 318 F.3d 1334 (Fed. Cir. 2003). “§ 1121 (2000) (providing for wartime death compensation for designated heirs and dependents); 38 U.S.C. § 1131 (2000) (providing for peacetime disability compensation); 38 U.”
Hayes v. Brown, 5 Vet. App. 60 (Vet. App. 1993). “38 U.S.C.A. §§ 1131 , 1154(b) (West 1991); 38 C.”
Ronald W. Wagner, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 370 F.3d 1089 (Fed. Cir. 2004). “A different statute, 38 U.S.C. § 1131 , provides similar compensation for peacetime service.”
Jonathan Brown v. United States, 151 F.3d 800 (8th Cir. 1998). “See 38 U.S.C. § 1131 . He now argues the opposite, claiming in this action that his injuries did not arise “incident to service” because he was technically a civilian at the time of the injury and was admitted to the hospital as a military dependent rather than as an ROTC cadet.”
Allen v. Brown, 7 Vet. App. 439 (Vet. App. 1995). “) See 38 U.S.C. § 1131 ; 38 C.F.R. § 3.303 (1994).”
Patrick F. D’AMICO, Claimant-Appellant, v. Togo D. WEST, Jr., Sec'y of Vets. Affairs, Respondent-Appellee, 209 F.3d 1322 (Fed. Cir. 2000). “§ 1110 (1994) (setting forth the basic requirements for compensation for a disability resulting from active military service during a period of war); 38 U.S.C. § 1131 (1994) (setting forth the basic requirements for a disability resulting from active military service during…”
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