U.S. CODE
Rulings
AD/CVD
Notices
HTSUS
U.S. Code
Regs
More
Ports
About
Updates
Apps
Larger font
Smaller font
CustomsMobile Pro
beta now open!
Apply for a FREE beta account. Spaces are limited so apply today.
SIGNUP FOR BETA
SEARCH
Toggle Dropdown
Search US Code
Search Leg. Notes
Sort by Rank
Titles Ascending
Titles Descending
10 per page
25 Result/page
50 Result/page
U.S Code last checked for updates: Nov 22, 2024
All Titles
Title 38
Part I
Chapter 1
§ 107. Certain service deemed no...
§ 109. Benefits for discharged m...
§ 107. Certain service deemed no...
§ 109. Benefits for discharged m...
U.S. Code
Notes
§ 108.
Seven-year absence presumption of death
(a)
No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.
(b)
If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individual’s home and family for seven or more years, and establishing that after diligent search no evidence of that individual’s existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.
(c)
Except in a suit brought pursuant to
section 1984 of this title
, the finding of death made by the Secretary shall be final and conclusive.
(
Pub. L. 85–857
,
Sept. 2, 1958
,
72 Stat. 1112
;
Pub. L. 99–576, title VII, § 701(7)
,
Oct. 28, 1986
,
100 Stat. 3291
;
Pub. L. 102–83
, §§ 4(a)(1), (b)(1), (2)(E), 5(c)(1),
Aug. 6, 1991
,
105 Stat. 403–406
.)
cite as:
38 USC 108
.list_box li,p,.cm-search-info,.cm-search-detail,.abt span,.expand-collapse_top
Get the CustomsMobile app!