VA Laws & Regulations: Disability Claim Rules: Page 9

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1. 38 CFR § 20.1404
   Regulation

   Filing a CUE Motion With the Board

   A Board CUE motion must be written and signed, identify the decision and issues, and clearly explain the alleged error, its factual or legal basis, and why the result would have been different.

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2. 38 USC § 101
   Statute

   Key Definitions for VA Benefit Eligibility

   This statute defines terms used throughout Title 38, including veteran, qualifying service, child, and surviving spouse. Those definitions can determine whether a person or period of service fits a benefit's eligibility rules.

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3. 38 USC § 105
   Statute

   The Line-of-Duty Presumption

   This law generally treats an injury or disease incurred during qualifying active service as incurred in line of duty, subject to specified misconduct and service-status exceptions. Authorized leave can be included.

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4. 38 USC § 110
   Statute

   The Federal 20-Year Rating Protection

   This statute protects certain disability ratings continuously in force for twenty years or more. A protected compensation evaluation generally cannot be reduced below that level except upon a showing of fraud.

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5. 38 USC § 1101
   Statute

   Chronic Diseases Under VA Compensation Law

   This section defines terms for the compensation chapter and identifies diseases within the statutory chronic-disease category. That category matters to certain presumptions and other service-connection rules.

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6. 38 USC § 1103
   Statute

   The Statutory Limit on Tobacco-Based Claims

   This law limits service connection based on disease or injury attributable to tobacco use during service. It preserves claims otherwise supported by an independent service connection or an applicable presumption.

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7. 38 USC § 1110
   Statute

   Wartime disability compensation eligibility

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

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8. 38 USC § 1111
   Statute

   Presumption of Soundness Explained

   This law generally presumes you were in sound condition when examined, accepted, and enrolled for service, except for conditions noted at entry. It sets a demanding standard for rebutting that presumption.

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9. 38 USC § 1112
   Statute

   Chronic Disease and Other Service Presumptions

   This statute provides presumptions for specified diseases and disability circumstances. It includes chronic-disease manifestation periods and separate provisions for certain former prisoners of war and radiation-exposed veterans.

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10. 38 USC § 1113
    Statute

    When a VA Presumption Can Be Rebutted

    A presumption of service connection can be rebutted in circumstances described by this statute, such as affirmative evidence of another qualifying cause. The law also preserves service connection proved through other sound evidence.

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11. 38 USC § 1114
    Statute

    Disability Compensation and SMC in Federal Law

    This statute establishes the structure of disability compensation rates and special monthly compensation categories. Its lettered subsections are the source of familiar SMC labels such as SMC-K, SMC-L, and SMC-S.

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12. 38 USC § 1115
    Statute

    Extra VA Compensation for Dependents

    This law provides additional compensation for qualifying dependents when the veteran meets the required disability level, generally at least 30 percent. It addresses spouses, children, and dependent parents.

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13. 38 USC § 1116
    Statute

    Agent Orange and Herbicide Presumptions

    This statute establishes herbicide-related disease presumptions and covered-service provisions. Its disease list and location rules are central to many Agent Orange claims, including coverage added by later legislation.

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14. 38 USC § 1116A
    Statute

    Blue Water Navy Herbicide Claims

    This law provides herbicide presumptions for qualifying offshore service near Vietnam during the specified period. It defines the offshore area and includes particular effective-date provisions for qualifying earlier claims.

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15. 38 USC § 1116B
    Statute

    Korean DMZ Herbicide Exposure Claims

    This statute provides herbicide-related presumptions for qualifying service in or near the Korean Demilitarized Zone from September 1, 1967 through August 31, 1971. The claimed disease must also meet the applicable disease requirements.

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16. 38 USC § 1117
    Statute

    Gulf War Illness Under the PACT Act

    This law permits compensation for a qualifying chronic disability in a Persian Gulf veteran that becomes manifest to any degree at any time. Covered categories include undiagnosed illness and certain medically unexplained chronic multisymptom illnesses.

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17. 38 USC § 1118
    Statute

    Gulf War Illness Presumptions and Exposure

    This statute provides authority for presumptions involving illnesses associated with specified Gulf War service exposures. It ties coverage to illnesses and requirements established through the applicable regulatory process.

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18. 38 USC § 1119
    Statute

    Presumed Toxic Exposure and Service Records

    This law addresses evidence of toxic exposure and establishes a presumption of exposure for covered veterans. It allows consideration of exposure tracking records and the overall circumstances of service.

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19. 38 USC § 1120
    Statute

    Burn Pit and Toxic Exposure Presumptive Conditions

    This statute lists diseases presumed connected to service for covered veterans, including specified cancers and respiratory conditions. It works with the covered-veteran definition and other toxic-exposure provisions.

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20. 38 USC § 1131
    Statute

    Peacetime disability compensation eligibility

    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.

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21. 38 USC § 1132
    Statute

    Peacetime Presumption of Soundness

    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.

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22. 38 USC § 1133
    Statute

    Peacetime Tropical Disease Presumptions

    This statute addresses a tropical-disease presumption in the peacetime compensation framework. It includes service-length, manifestation, and rebuttal provisions, while preserving other evidence-based routes to service connection.

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23. 38 USC § 1134
    Statute

    Compensation Rates for Peacetime Disabilities

    This statute applies the compensation rates in section 1114 to disabilities compensated under the peacetime entitlement statute. It connects the peacetime framework to the same statutory rate structure.

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24. 38 USC § 1135
    Statute

    Dependent Compensation After Peacetime Service

    This law extends additional dependent compensation under section 1115 to qualifying veterans compensated through the peacetime provisions. It specifies a disability rating of at least 30 percent.

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25. 38 USC § 1137
    Statute

    Why Wartime Presumptions Apply to Later Peacetime Service

    This law applies the presumptions in sections 1111, 1112, and 1113 to veterans with qualifying service after December 31, 1946, despite the different wording in certain peacetime provisions.

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