§1103. Special provisions relating to claims based upon effects of tobacco products

(a) Notwithstanding any other provision of law, a veteran's disability or death shall not be considered to have resulted from personal injury suffered or disease contracted in the line of duty in the active military, naval, air, or space service for purposes of this title on the basis that it resulted from injury or disease attributable to the use of tobacco products by the veteran during the veteran's service.

(b) Nothing in subsection (a) shall be construed as precluding the establishment of service connection for disability or death from a disease or injury which is otherwise shown to have been incurred or aggravated in active military, naval, air, or space service or which became manifest to the requisite degree of disability during any applicable presumptive period specified in section 1112 or 1116 of this title.

(Added Pub. L. 105–178, title VIII, §8202(a)(1), as added Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865 ; amended Pub. L. 116–283, div. A, title IX, §926(a)(6), Jan. 1, 2021, 134 Stat. 3830 .)

Editorial Notes

Prior Provisions

A prior section 1103 was renumbered section 1104 of this title.

Amendments

2021-Pub. L. 116–283 substituted "air, or space service" for "or air service" in subsecs. (a) and (b).

Statutory Notes and Related Subsidiaries

Effective Date

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as an Effective Date of 1998 Amendment note under section 101 of Title 23, Highways.

Pub. L. 105–178, title VIII, §8202(b), as amended by Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865 , provided that: "Section 1103 of title 38, United States Code, as added by subsection (a), shall apply with respect to claims received by the Secretary of Veterans Affairs after the date of the enactment of this Act [June 9, 1998]."