The date of the enactment of this paragraph, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 108–454, which was approved Dec. 10, 2004.

2004—Subsec. (b). Pub. L. 108–454, § 304(c), designated existing provision as par. (1), inserted “(except as otherwise provided in paragraph (2))” after “service-connected, then”, and added par. (2).

Subsec. (c). Pub. L. 108–454, § 304(a), added subsec. (c).

2000—Subsec. (a)(2). Pub. L. 106–419 inserted “(A)” after “proximately caused” and added cl. (B).

1996—Subsec. (a). Pub. L. 104–204, § 422(a)(1), added subsec. (a) and struck out former first sentence of section which read as follows: “Where any veteran shall have suffered an injury, or an aggravation of an injury, as the result of hospitalization, medical or surgical treatment, or the pursuit of a course of vocational rehabilitation under chapter 31 of this title, awarded under any of the laws administered by the Secretary, or as a result of having submitted to an examination under any such law, and not the result of such veteran’s own willful misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, disability or death compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded in the same manner as if such disability, aggravation, or death were service-connected.”

Subsec. (b). Pub. L. 104–204, § 422(a)(2), designated second sentence of section as subsec. (b), struck out “, aggravation,” after “disability” in two places, and substituted “this subsection equals the total amount” for “this sentence equals the total amount”.

1991—Pub. L. 102–83, § 5(a), renumbered section 351 of this title as this section.

Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

1984—Pub. L. 98–223 substituted “title 28” for “title 28, United States Code,” in two places.

1976—Pub. L. 94–433 struck out “him” before “under any of the laws” and substituted “such veteran’s” for “his” in first sentence.

1969—Pub. L. 91–24 substituted “, on or after December 1, 1962,” for “hereafter” wherever appearing.

1962—Pub. L. 87–825 provided that where an individual is awarded a judgment under section 1346(b) of title 28, enters a settlement or compromise under section 2672 or 2677 of such title by reason of a disability, aggravation, or death treated pursuant to this section as if service-connected, then no benefits shall be paid such individual for any month beginning after such judgment, settlement or compromise becomes final until the aggregate amount of benefits equals the total amount included in such judgment, settlement, or compromise, and struck out provisions which required that no benefits were to be awarded unless application was made therefor within two years after an injury or aggravation was suffered, or a death occurred.

Pub. L. 108–454, title III, § 304(b), Dec. 10, 2004, 118 Stat. 3611, provided that: “Subsection (c) of section 1151 of title 38, United States Code, as added by subsection (a), shall apply with respect to eligibility for benefits and services provided by the Secretary of Veterans Affairs on or after the date of the enactment of this Act [Dec. 10, 2004].”

Pub. L. 104–204, title IV, § 422(b), (c), Sept. 26, 1996, 110 Stat. 2927, provided that:

Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

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.