Protection of service connection

  1. Law
  2. USC 38
  3. Veterans' Benefits
  4. GENERAL BENEFITS
  5. COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
  6. GENERAL COMPENSATION PROVISIONS
  7. Protection of service connection

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§1159. Protection of service connection

Service connection for any disability or death granted under this title which has been in force for ten or more years shall not be severed on or after January 1, 1962, except upon a showing that the original grant of service connection was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.

(Added Pub. L. 86–501, §1, June 10, 1960, 74 Stat. 195 , §359; amended Pub. L. 87–825, §6, Oct. 15, 1962, 76 Stat. 950 ; renumbered §1159 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406 .)

Amendments

1991-Pub. L. 102–83, §5(a), renumbered section 359 of this title as this section.

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1962-Pub. L. 87–825 provided for computation of the period from the date the administrator determines as the date the status commenced for rating purposes.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87–825, set out as a note under section 110 of this title.


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