Revised May 13, 2015
VIII.iv.7.A.1.aBasis for Awarding Compensation for Certain Paired Organs or Extremities Under 38 U.S.C. 1160
Compensation is payable under 38 U.S.C. 1160 for disabilities involving certain paired organs or extremities, one service-connected (SC) and the other non-service-connected (NSC), provided the NSC disability is not the result of the Veteran’s own willful misconduct. References: For more information on
- special consideration for certain paired organs and extremities, see 38 CFR 3.383, and
- prohibitions against duplication of benefits, see M21-1, Part VIII, Subpart iv, 7.B.1.
VIII.iv.7.A.1.bCriteria for Establishing Entitlement
Consider compensation under 38 U.S.C. 1160 for the following:
- impairment of vision in one eye as a result of SC disability and impairment of vision in the other eye as a result of NSC disability
- rated at a visual acuity of 20/200 or less in each eye, or
- with a peripheral field of vision for each eye of 20 degrees or less.
- loss, or loss of use (L/LOU), of one kidney as a result of SC disability and involvement of the other kidney as a result of NSC disability
- deafness compensable to a degree of 10 percent or more in one ear due to SC disability, and deafness that meets the provisions of 38 CFR 3.385 in the other ear due to NSC disability
- L/LOU of one hand or one foot as a result of SC disability and L/LOU of the other hand or foot as a result of NSC disability, and
- permanent SC disability of one lung rated 50 percent or more disabling, in combination with NSC disability of the other lung.
Note: Compensation may be paid under 38 U.S.C. 1160 if compensation is being paid for one of the aforementioned conditions under 38 U.S.C. 1151 and there is manifestation of the specific NSC disability under 38 U.S.C. 1160.
VIII.iv.7.A.1.cEffective Dates for Provisions of the Law
Use the table below to determine effective dates for the provisions of law that created the criteria establishing entitlement to compensation under 38 U.S.C. 1160.
| The criteria for establishing entitlement based on … | Became effective … |
|---|---|
| December 1, 1965. |
| December 6, 2002. |
| October 28, 1986. Note: Entitlement to special monthly compensation (SMC) for these disabilities under 38 U.S.C. 1114(t) was effective October 1, 1978, through October 27, 1986. |
| October 28, 1986. |
Reference: For more information on the history of SMC for certain paired organs, see M21-1, Part VIII, Subpart iv, 4.B.
VIII.iv.7.A.1.dEligibility for Other Benefits Based on Paired Organs or Extremities
Entitlement to disability compensation for a Veteran based on paired organs or extremities under 38 U.S.C. 1160 creates eligibility for the following benefits
- Dependency and Indemnity Compensation, and
- Dependents’ Educational Assistance (DEA) under 38 U.S.C. Chapter 35.
Note: Compensation entitlement under 38 U.S.C. 1160 does not create entitlement to
- special allowance to a surviving dependent under 38 U.S.C. 1312
- specially adapted housing (SAH) under 38 U.S.C. 2101(a), or
- special home adaptation grant (SHA) under 38 U.S.C. 2101(b).
References: For more information on
- special allowance under 38 U.S.C. 1312, see M21-1, Part XII, Subpart ii, 2.A
- SAH and SHA entitlement, see M21-1, Part XIII, Subpart i, 2.B, and
- DEA entitlement based on entitlement under 38 U.S.C 1160, see Kimberlin v. Brown , 5 Vet.App. 314 (1993).
End of Part VIII, Subpart iv, Chapter 7, Section A