Claim Raven explanation
What this means
This section contains a presumption-of-soundness rule in the peacetime compensation provisions. Its wording includes service-length and evidence requirements that must be read with section 1137.
For qualifying service after December 31, 1946, section 1137 applies the rules in sections 1111 through 1113 notwithstanding sections 1132 and 1133. Reading this section alone can therefore give the wrong standard for a later-service claim.
How this helps your claim
Confirm the service dates before applying the rule. For most later-service soundness disputes, compare the entrance examination and VA's reasoning with section 1111 through the operation of section 1137.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Verify the service dates that determine which statutory framework applies.
- Locate the entrance examination and any condition actually noted.
- Check whether VA considered section 1137 before relying on this section's older wording.
Read the later-service cross-reference first
This peacetime provision should not be applied in isolation when section 1137 directs use of other soundness and presumptive rules for qualifying later service. Establish the service dates, then identify which statutory standard governs.
Keep the entrance examination and later medical history distinct. A question about whether a condition was noted at entry differs from a later opinion about preexistence. The applicable rebuttal standard must come from the governing statute, not a summary that overlooks the cross-reference.
Should I use this section's wording for every modern peacetime claim?
No. Section 1137 can make sections 1111 through 1113 applicable notwithstanding these peacetime provisions. The service period and statutory relationship matter. Reading one section without that direction can lead to applying the wrong standard even when the page title appears relevant.
Official statutory text
38 USC § 1132
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.
§ 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.
Related references
- 38 USC § 1131: Peacetime disability compensation eligibility
- 38 USC § 5107: Benefit of the doubt in VA claims
- 38 CFR § 3.159: VA duty to assist: records and examinations
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