Page:United States Statutes at Large Volume 72 Part 1.djvu/1162

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PUBLIC LAW 85-857-SEPT. 2, 1958

[72 S T A T.

§ 312. Presumptions relating to certain diseases For the purposes of section 310 of this title, and subject to the provisions of section 313 of this title, in the case of any veteran who served for ninety days or more during a period of war— (1) a chronic disease becoming manifest to a degree of 10 per centum or more within one year from the date of separation from such service; (2) a tropical disease, and the resultant disorders or disease originating because of therapy, administered in connection with such diseases, or as a preventative thereof, becoming manifest to a degree of 10 per centum or more within one year from the date of separation from such service, or at a time when standard or accepted treatises indicate that the incubation period thereof commenced during such service; (3) active tuberculous disease developing a 10 per centum degree of disability or more within three years from the date of separation from such service; (4) multiple sclerosis developing a 10 per centum degree of disability or more within two years from the date of separation from such service; shall be considered to have been incurred in or aggravated by such service, notwithstanding there is no record of evidence of such disease during the period of service. § 313. Presumptions rebuttable (a) Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of any of the diseases within the purview of section 312 of this title, has been suffered between the date of separation from service and the onset of any such diseases, or the disability is due to the veteran's own willful misconduct, service-connection pursuant to section 312 of this title will not be in order. (b) Nothing in section 312 of this title or subsection (a) of this section shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, or air service. § 314. Rates of wartime disability compensation For the purposes of section 310 of this title— (a) if and while the disability is rated 10 per centum the monthly compensation shall be $19; (b) if and while the disability is rated 20 per centum the monthly compensation shall be $36; (c) if and while the disability is rated 30 per centum the monthly compensation shall be $55; (d) if and while the disability is rated 40 per centum the monthly compensation shall be $73; (e) if and while the disability is rated 50 per centum the monthly compensation shall be $100; (f) if and while the disability is rated 60 per centum the monthly compensation shall be $120; (g) if and while the disability is rated 70 per centum the monthly compensation shall be $140; (h) if and while the disability is rated 80 per centum the monthly compensation shall be $160; (i) if and while the disability is rated 90 per centum the monthly compensation shall be $179; (j) if and while the disability is rated as total the monthly compensation shall be $225;

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