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Federal statute · 38 USC § 1131

38 USC 1131: Peacetime disability compensation eligibility

§ 1131. Basic entitlement

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Claim Raven explanation

What this means

This statute addresses qualifying disability from injury or disease incurred or aggravated in line of duty during other than a period of war, subject to its service, discharge and other limits.

A disability claim does not depend solely on having served during a war. This statute provides the compensation foundation for qualifying service outside a period of war. The evidence must still support the relevant relationship to service and the other entitlement requirements; peacetime service alone is not a reason to assume compensation is unavailable.

How this helps your claim

This statute helps explain that disability compensation also has a legal basis for qualifying service outside a period of war. Combat service is not a requirement stated here. The disability, line-of-duty, service, and discharge requirements still matter, and the related regulations provide further rules for evaluating the claim.

What to check in your records

Read this alongside the relevant service and medical evidence and the service-connection rules.

  • Check your service dates and discharge information against the period of service addressed in the decision.
  • Gather the medical and service records describing when the injury or disease occurred or a preexisting condition worsened.
  • Identify the part of entitlement VA found unsupported, if any. Use the related regulations to understand the evidence relevant to that point.

Read peacetime entitlement as its own compensation foundation

The lack of wartime service does not remove the need to examine an otherwise supported disability claim. This statute provides the basic compensation authority for qualifying peacetime circumstances. The service, disability and relationship requirements still need to be addressed.

Organize the decision by the element actually disputed. If VA accepted a diagnosis and service event but questioned the relationship, repeating the dates of service may not address the remaining issue. The implementing regulations explain how different kinds of evidence contribute to that analysis.

Must a peacetime injury happen during a military operation?

The statute is not limited by that everyday description. The relevant questions include qualifying service, line of duty and the supported disability relationship under the applicable provisions. An operation's name should not replace analysis of the actual circumstances, just as peacetime status alone should not be treated as a bar.

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Official statutory text

38 USC § 1131

OLRC release through Public Law 119-102 (July 12, 2026). Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.

§ 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.

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