US Code
CHAPTER 61— RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY
§ 1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions

(a) In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member’s disability is determined to have been incurred before the member became entitled to basic pay in the member’s current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether the disability was incurred in the line of duty.
(b) A member described in subsection (a) is a member with at least eight years of active service.

Structure US Code

US Code

Title 10— ARMED FORCES

Subtitle A— General Military Law

PART II— PERSONNEL

CHAPTER 61— RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY

§ 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