To amend title 38, United States Code, to allow the sworn affidavit of a veteran who served in combat during the Korean War or an earlier conflict to be accepted as proof of service-connection of a disease or injury alleged to have been incurred or aggravated by such service.

Directs the Secretary of Veterans Affairs, for purposes of eligibility for veterans' disability compensation and benefits, to accept the sworn affidavit of a veteran who served on or before July 27, 1953, as proof of a service connection of a disease or injury alleged to have been incurred in or aggravated by such service, if there is no clear and convincing evidence to the contrary.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 169 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 169

To amend title 38, United States Code, to allow the sworn affidavit of 
  a veteran who served in combat during the Korean War or an earlier 
conflict to be accepted as proof of service-connection of a disease or 
  injury alleged to have been incurred or aggravated by such service.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2003

 Mr. Reynolds (for himself, Mr. McGovern, and Mrs. Maloney) introduced 
 the following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to allow the sworn affidavit of 
  a veteran who served in combat during the Korean War or an earlier 
conflict to be accepted as proof of service-connection of a disease or 
  injury alleged to have been incurred or aggravated by such service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SWORN AFFIDAVIT OF KOREAN CONFLICT AND EARLIER COMBAT 
              VETERANS TO BE ACCEPTED AS PROOF OF SERVICE-CONNECTION OF 
              DISEASE OR INJURY ALLEGED TO HAVE BEEN INCURRED OR 
              AGGRAVATED DURING COMBAT.

    (a) In General.--Section 1154(b) of title 38, United States Code, 
is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by inserting ``after July 27, 1953,'' after ``in active 
        service'';
            (3) by designating the third sentence as paragraph (3) and 
        in that paragraph inserting ``under paragraph (1) or (2)'' 
        after ``in each case''; and
            (4) by inserting after paragraph (1), as designated by 
        paragraph (1) of this subsection, the following new paragraph:
    ``(2) In the case of any veteran who engaged in combat with the 
enemy in active service on or before July 27, 1953, with a military, 
naval, or air organization of the United States during a period of war, 
campaign, or expedition, if there is no clear and convincing evidence 
to the contrary the Secretary shall accept as sufficient proof of 
service-connection of any disease or injury alleged to have been 
incurred in or aggravated by such service the sworn affidavit of the 
veteran attesting to the service-connection of such disease or injury, 
notwithstanding the fact that there is no official record of such 
incurrence or aggravation in such service.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to affidavits submitted after the date of the 
enactment of this Act.
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