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Updated Jul 29, 2021

In This Section

  

 

1.  Compensation for Paired Organs or Extremities Under 38 CFR 3.383

 

Introduction

  
This topic contains information on compensation for certain paired organs or extremities, including

Change Date

  
May 13, 2015

VIII.iv.7.A.1.a.  Basis 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 

VIII.iv.7.A.1.b.  Criteria 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.c.  Effective 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 …
  • impairment of vision in one eye due to SC disability, and
  • impairment of vision in the other eye due to NSC disability
  • August 28, 1962, for blindness in each eye, and
  • December 26, 2007, for
    • visual acuity of 20/200 or less in each eye, or
    • a peripheral field of vision for each eye of 20 degrees or less.
  • L/LOU of one kidney due to SC disability, and
  • involvement of the other kidney due to NSC disability
  • August 28, 1962, for severe involvement of NSC kidney, and
  • October 28, 1986, for any involvement of NSC kidney.
  • total deafness in one ear due to SC disability, and
  • total deafness in the other ear due to NSC disability
December 1, 1965.
  • deafness compensable to a degree of 10 percent or more in one ear as a result of SC disability, and
  • deafness in the other ear that meets the provisions of 38 CFR 3.385 as a result of NSC disability
December 6, 2002.
  • L/LOU of one hand or foot due to SC disability, and
  • L/LOU of the other hand or foot due to NSC disability
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.
  • permanent SC disability of one lung, rated 50 percent or more disabling, and
  • NSC disability of the other lung
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.d.  Eligibility 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
References:  For more information on