38 USC § 1131 - Basic entitlement

---
identifier: "/us/usc/t38/s1131"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 1131 - Basic entitlement"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "1131"
section_name: "Basic entitlement"
chapter_number: 11
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
subchapter_number: "IV"
subchapter_name: "PEACETIME DISABILITY COMPENSATION"
part_number: "II"
part_name: "GENERAL BENEFITS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 331; Pub. L. 101–508, title VIII, § 8052(a)(3), Nov. 5, 1990, 104 Stat. 1388–351; renumbered § 1131, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–178, title VIII, § 8202(b), June 9, 1998, 112 Stat. 492; Pub. L. 105–206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865; Pub. L. 116–283, div. A, title IX, § 926(a)(10), Jan. 1, 2021, 134 Stat. 3830.)"
---


# § 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.

---

**Source Credit**: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 331; Pub. L. 101–508, title VIII, § 8052(a)(3), Nov. 5, 1990, 104 Stat. 1388–351; renumbered § 1131, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–178, title VIII, § 8202(b), June 9, 1998, 112 Stat. 492; Pub. L. 105–206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865; Pub. L. 116–283, div. A, title IX, § 926(a)(10), Jan. 1, 2021, 134 Stat. 3830.)

## Editorial Notes

### Amendments

2021— substituted “air, or space service” for “or air service”.

1998—, which directed the substitution of “, abuse of alcohol or drugs, or use of tobacco products” for “or abuse of alcohol or drugs” before the period at end, was amended generally by , which provided that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made. See Effective Date of 1998 Amendment note below.

1991— renumbered  as this section.

1990— substituted “a result of the veteran’s own willful misconduct or abuse of alcohol or drugs” for “the result of the veteran’s own willful misconduct”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1998 Amendment

Title IX of  effective simultaneously with enactment of  and to be treated as included in  at time of enactment, and provisions of , as in effect on day before , that are amended by title IX of  to be treated as not enacted, see , set out as a note under , Highways.

### Effective Date of 1990 Amendment

Amendment by  effective with respect to claims filed after , see , set out as a note under .

### Construction of 1998 Amendment

, , , provided that  is amended generally and that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made.