§ 108. — Sevenyear absence presumption of death.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC108]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 1--GENERAL
Sec. 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, Sec. 701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 102-83,
Secs. 4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403-
406.)
Amendments
1991--Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), substituted
``administered by the Secretary'' for ``administered by the Veterans'
Administration''.
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1984'' for
``784''.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator''.
1986--Subsec. (b). Pub. L. 99-576 substituted ``that individual's''
for ``his'' in two places.
