Collapse to view only § 1219. Statement of origin of disease or injury: limitations
- § 1201. Regulars and members on active duty for more than 30 days: retirement
- § 1202. Regulars and members on active duty for more than 30 days: temporary disability retired list
- § 1203. Regulars and members on active duty for more than 30 days: separation
- § 1204. Members on active duty for 30 days or less or on inactive-duty training: retirement
- § 1205. Members on active duty for 30 days or less: temporary disability retired list
- § 1206. Members on active duty for 30 days or less or on inactive-duty training: separation
- § 1206a. Reserve component members unable to perform duties when ordered to active duty: disability system processing
- § 1207. Disability from intentional misconduct or willful neglect: separation
- § 1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions
- § 1208. Computation of service
- § 1209. Transfer to inactive status list instead of separation
- § 1210. Members on temporary disability retired list: periodic physical examination; final determination of status
- § 1211. Members on temporary disability retired list: return to active duty; promotion
- § 1212. Disability severance pay
- § 1213. Effect of separation on benefits and claims
- § 1214. Right to full and fair hearing
- § 1214a. Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation
- § 1215. Members other than Regulars: applicability of laws
- § 1216. Secretaries: powers, functions, and duties
- § 1216a. Determinations of disability: requirements and limitations on determinations
- § 1217. Academy cadets and midshipmen: applicability of chapter
- § 1218. Discharge or release from active duty: claims for compensation, pension, or hospitalization
- § 1218a. Discharge or release from active duty: transition assistance for reserve component members injured while on active duty
- § 1219. Statement of origin of disease or injury: limitations
- [§ 1220. Repealed.
- § 1221. Effective date of retirement or placement of name on temporary disability retired list
- § 1222. Physical evaluation boards
Upon a determination by the Secretary concerned that a member described in section 1201(c) of this title would be qualified for retirement under section 1201 of this title but for the fact that his disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member’s name on the temporary disability retired list, with retired pay computed under section 1401 of this title.
Upon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 1203 of this title would be qualified for retirement under section 1204 of this title but for the fact that his disability is not determined to be of a permanent nature and stable, the Secretary shall, if he also determines that accepted medical principles indicate that the disability may be of a permanent nature, place the member’s name on the temporary disability retired list, with retired pay computed under section 1401 of this title.
Each member of the armed forces who incurs a physical disability that, in the determination of the Secretary concerned, makes him unfit to perform the duties of his office, grade, rank, or rating, and that resulted from his intentional misconduct or willful neglect or was incurred during a period of unauthorized absence, shall be separated from his armed force without entitlement to any benefits under this chapter.
Any member of the armed forces who has at least 20 years of service computed under section 12732 of this title, and who would be qualified for retirement under this chapter but for the fact that his disability is less than 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination, may elect, instead of being separated under this chapter, to be transferred to the inactive status list under section 12735 of this title and, if otherwise eligible, to receive retired pay under section 12739 of this title upon becoming 60 years of age.
Unless a person who has received disability severance pay again becomes a member of an armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service, he is not entitled to any payment from the armed force from which he was separated for, or arising out of, his service before separation, under any law administered by one of those services or for it by another of those services. However, this section does not prohibit the payment of money to a person who has received disability severance pay, if the money was due him on the date of his separation or if a claim by him is allowed under any law.
No member of the armed forces may be retired or separated for physical disability without a full and fair hearing if he demands it.
The laws and regulations that entitle any retired member of a regular component of the armed forces to pay, rights, benefits, or privileges extend the same pay, rights, benefits, or privileges to any other member of the armed forces who is not a member of a regular component and who is retired, or to whom retired pay is granted, because of physical disability.
A member of an armed force may not be required to sign a statement relating to the origin, incurrence, or aggravation of a disease or injury that he has. Any such statement against his interests, signed by a member, is invalid.
Notwithstanding section 8301 of title 5, the Secretary concerned may specify an effective date for the retirement of any member of the armed forces under this chapter, or for the placement of his name on the temporary disability retired list, that is earlier than the date provided for in that section.