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38 U.S.C. § 1160 — Special consideration for certain cases of loss of paired organs or extremities
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Where a veteran has suffered—
(1) impairment of vision in one eye as a result of service-connected disability and impairment of vision in the other eye as a result of non-service-connected disability not the result of the veteran’s own willful misconduct and—
(A) the impairment of vision in each eye is rated at a visual acuity of 20/200 or less; or
(B) the peripheral field of vision for each eye is 20 degrees or less;
(2) the loss or loss of use of one kidney as a result of service-connected disability and involvement of the other kidney as a result of non-service-connected disability not the result of the veteran’s own willful misconduct;
(3) deafness compensable to a degree of 10 percent or more in one ear as a result of service-connected disability and deafness in the other ear as the result of non-service-connected disability not the result of the veteran’s own willful misconduct;
(4) the loss or loss of use of one hand or one foot as a result of service-connected disability and the loss or loss of use of the other hand or foot as a result of non-service-connected disability not the result of the veteran’s own willful misconduct; or
(5) permanent service-connected disability of one lung, rated 50 percent or more disabling, in combination with a non-service-connected disability of the other lung that is not the result of the veteran’s own willful misconduct,
the Secretary shall assign and pay to the veteran the applicable rate of compensation under this chapter as if the combination of disabilities were the result of service-connected disability.
**(b)** If a veteran described in subsection (a) of this section receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cau
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Stable record: federal_law:legal_authorities:record_usc_b8b46ffff51e9c5902b94583
Source file: Laws/federal/codes/united-states-code/title-38/section-1160-special-consideration-for-certain-cases-of-loss-of-paired-organs-or-extr--678c3af8f8.md
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Passage SHA-256: 117ce74581a06ffe25811a37b3e879e6f0cc20d3d91bb74a3d87506ab8a69a88
Source location: Title 38, Chapter 11, § 1160; chapter-011-compensation-for-service-connected-disability-or-death.md
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**(a)** Where a veteran has suffered—
(1) impairment of vision in one eye as a result of service-connected disability and impairment of vision in the other eye as a result of non-service-connected disability not the result of the veteran’s own willful misconduct and—
(A) the impairment of vision in each eye is rated at a visual acuity of 20/200 or less; or
(B) the peripheral field of vision for each eye is 20 degrees or less;
(2) the loss or loss of use of one kidney as a result of service-connected disability and involvement of the other kidney as a result of non-service-connected disability not the result of the veteran’s own willful misconduct;
(3) deafness compensable to a degree of 10 percent or more in one ear as a result of service-connected disability and deafness in the other ear as the result of non-service-connected disability not the result of the veteran’s own willful misconduct;
(4) the loss or loss of use of one hand or one foot as a result of service-connected disability and the loss or loss of use of the other hand or foot as a result of non-service-connected disability not the result of the veteran’s own willful misconduct; or
(5) permanent service-connected disability of one lung, rated 50 percent or more disabling, in combination with a non-service-connected disability of the other lung that is not the result of the veteran’s own willful misconduct,
the Secretary shall assign and pay to the veteran the applicable rate of compensation under this chapter as if the combination of disabilities were the result of service-connected disability.
**(b)** If a veteran described in subsection (a) of this section receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the non-service-connected disability described in such subsection, the increase in the rate of compensation otherwise payable under this section shall not be paid for any month following a month in which any such money or property is received until such time as the total of the amount of such increase that would otherwise have been payable equals the total of the amount of any such money received and the fair market value of any such property received.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “veteran” includes a person who died in the active military, naval, air, or space service.
(2) The term “period of war” includes, in the case of any veteran—
(A) any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, air, or space service after April 5, 1917, and before November 12, 1918; and
(B) any period of continuous service performed by such veteran after December 31, 1946, and before July 26, 1947, if such period began before January 1, 1947.
(3) The term “chronic disease” includes—Anemia, primary Arteriosclerosis Arthritis Atrophy, progressive muscular Brain hemorrhage Brain thrombosis Bronchiectasis Calculi of the kidney, bladder, or gallbladder Cardiovascular-renal disease, including hypertension Cirrhosis of the liver Coccidioidomycosis Diabetes mellitus Encephalitis lethargica residuals Endocarditis Endocrinopathies Epilepsies Hansen’s disease Hodgkin’s disease Leukemia Lupus erythematosus, systemic Myasthenia gravis Myelitis Myocarditis Nephritis Organic diseases of the nervous system Osteitis deformans (Paget’s disease) Osteomalacia Palsy, bulbar Paralysis agitans Psychoses Purpura idiopathic, hemorrhagic Raynaud’s disease Sarcoidosis Scleroderma Sclerosis, amyotrophic lateral Sclerosis, multiple Syringomyelia Thromboangiitis obliterans (Buerger’s disease) Tuberculosis, active Tumors, malignant, or of the brain or spinal cord or peripheral nerves Ulcers, peptic (gastric or duodenal) and such other chronic diseases as the Secretary may add to this list.
(4) The term “tropical disease” includes—Amebiasis Blackwater fever Cholera Dracontiasis Dysentery Filiariasis Hansen’s disease Leishmaniasis, including kal
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim)—
**(a)** if and while the disability is rated 10 percent the monthly compensation shall be $123;
**(b)** if and while the disability is rated 20 percent the monthly compensation shall be $243;
**(c)** if and while the disability is rated 30 percent the monthly compensation shall be $376;
**(d)** if and while the disability is rated 40 percent the monthly compensation shall be $541;
**(e)** if and while the disability is rated 50 percent the monthly compensation shall be $770;
**(f)** if and while the disability is rated 60 percent the monthly compensation shall be $974;
**(g)** if and while the disability is rated 70 percent the monthly compensation shall be $1,228;
**(h)** if and while the disability is rated 80 percent the monthly compensation shall be $1,427;
**(i)** if and while the disability is rated 90 percent the monthly compensation shall be $1,604;
**(j)** if and while the disability is rated as total the monthly compensation shall be $2,673;
**(k)** if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, or, in the case of a woman veteran, has suffered the anatomical loss of 25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue, the
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1114
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Federal law — U.S. Code and appendices · legal_authorities
Page 192
TITLE 38—VETERANS’ BENEFITS
§ 1159
§ 1159. Protection of service connection
Service connection for any disability or death
granted under this title which has been in force
for ten or more years shall not be severed on or
after January 1, 1962, except upon a showing
that the original grant of service connection
was based on fraud or it is clearly shown from
military records that the person concerned did
not have the requisite service or character of
discharge. The mentioned period shall be com-
puted from the date determined by the Sec-
retary as the date on which the status com-
menced for rating purposes.
(Added Pub. L. 86–501, § 1, June 10, 1960, 74 Stat.
195, § 359; amended Pub. L. 87–825, § 6, Oct. 15,
1962, 76 Stat. 950; renumbered § 1159 and amended
Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404–406.)
Editorial Notes
AMENDMENTS
1991—Pub. L. 102–83, § 5(a), renumbered section 359 of
this title as this section.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec-
retary’’ for ‘‘Administrator’’.
1962—Pub. L. 87–825 provided for computation of the
period from the date the administrator determines as
the date the status commenced for rating purposes.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87–825 effective first day of
second calendar month which begins after Oct. 15, 1962,
see section 7 of Pub. L. 87–825, set out as a note under
section 110 of this title.
§ 1160. Special consideration for certain cases of
loss of paired organs or extremities
(a) Where a veteran has suffered—
(1) impairment of vision in one eye as a re-
sult of service-connected disability and im-
pairment of vision in the other eye as a result
of non-service-connected disability not th
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1160
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