38 U.S.C. § 1132
Presumption of sound condition
For the purposes of section 1131 of this title, every person employed in the active military, naval, air, or space service for six months or more 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 evidence or medical judgment is such as to warrant a finding that the disease or injury existed before acceptance and enrollment.
Notes of Decisions
Cited in 8
cases, 1995–2020 · leading case: Ronald W. Wagner, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 370 F.3d 1089 (Fed. Cir. 2004).
Ronald W. Wagner, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 370 F.3d 1089 (Fed. Cir. 2004). “§ 1111 (wartime service); 38 U.S.C. § 1132 (peacetime service). The government may overcome the presumption in both cases.”
Simmons v. Wilkie, 964 F.3d 1381 (Fed. Cir. 2020). “See also 38 U.S.C. § 1132 (peacetime service). When no preexisting disorder is noted in the veteran’s paperwork upon entry into service, any medical problem arising dur- ing service is presumed to have occurred during service.”
Emenaker v. Peake, 551 F.3d 1332 (Fed. Cir. 2008). “Emenaker) who served during wartime, and 38 U.S.C. § 1132 , which creates an analogous presumption applicable to veterans of peacetime service.”
Stadin v. Brown, 8 Vet. App. 280 (Vet. App. 1995). “See 38 U.S.C. § 1132 (presumption of sound condition applies “except as to defects, infirmities, or disorders noted at the time of the examination, acceptance and enrollment, or where evidence or medical judgment is such as to warrant a finding that the disease or injury existed…”
Paulson v. Brown, 7 Vet. App. 466 (Vet. App. 1995). “38 U.S.C. § 1132 (emphasis added); see also 38 C.”
Vanerson v. West, 12 Vet. App. 254 (Vet. App. 1999). “” 38 U.S.C. § 1132 . This presumption of soundness can be rebutted by the Secretary if there exists clear and unmistakable evidence demonstrating that an injury or disease existed prior to entrance into service.”
13-24 046 (Board of Vet. App. 2017). “38 U.S.C.A. § 1132 (West 2014). Only those conditions recorded in examination reports can be considered as noted and a history of preservice existence of conditions recorded at the time of examination does not constitute a notation of such conditions.”
Anderson v. Dept. Of Vets. Affairs, 440 Fed. Appx. 552 (Fed. Cir. 2011). “§ 1111 (Presumption of Sound Condition for Wartime Disability Compensation); 38 U.S.C. § 1132 (Presumption of Sound Condition for Peacetime Disability Compensation).”
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