38 U.S.C. § 1160 — Special consideration for certain cases of

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 the re- sult 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 in- volvement 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 serv- ice-connected disability and deafness in the other ear as the result of non-service-con- nected disability not the result of the vet- eran’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 dis- ability 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 re- sult of the veteran’s own willful misconduct, the Secretary shall assign and pay to the vet- eran 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 pro- ceeding based upon, or a settlement or com- promise 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 sec- tion 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. (Added Pub. L. 87–610, § 1, Aug. 28, 1962, 76 Stat. 406, § 360; amended Pub. L. 89–311, § 3(a), (b), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 94–433, title IV, § 404(22), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98–160, title VII, § 702(3), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 99–576, title I, § 109(a)(1), Oct. 28, 1986, 100 Stat. 3253; renumbered § 1160 and amend- ed Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 107–330, title I, § 103, Dec. 6, 2002, 116 Stat. 2821; Pub. L. 110–157, title I, § 102, Dec. 26, 2007, 121 Stat. 1831.) Editorial Notes AMENDMENTS 2007—Subsec. (a)(1). Pub. L. 110–157 substituted ‘‘im- pairment of vision’’ for ‘‘blindness’’ in two places and ‘‘misconduct and—’’ for ‘‘misconduct;’’ and added sub- pars. (A) and (B). 2002—Subsec. (a)(3). Pub. L. 107–330 substituted ‘‘deaf- ness compensable to a degree of 10 percent or more in one ear’’ for ‘‘total deafness in one ear’’ and ‘‘deafness in the other ear’’ for ‘‘total deafness in the other ear’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 360 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in concluding provi- sions. 1986—Pub. L. 99–576 amended section generally, sub- stituting ‘‘loss of paired organs or extremities’’ for ‘‘blindness or bilateral kidney involvement or bilateral deafness’’ in section catchline. Prior to amendment, text of section read as follows: ‘‘Where any veteran (1) has suffered blindness in one eye as a result of service- connected disability and has suffered blindness in the other eye as a result of non-service-connected dis- ability not the result of such veteran’s own willful mis- conduct, or (2) has suffered the loss or loss of use of one kidney as a result of service-connected disability, and has suffered severe involvement of the other kidney such as to cause total disability, as a result of non- service-connected disability not the result of such vet- eran’s own willful misconduct, or (3) has suffered total deafness in one ear as a result of service-connected dis- ability and has suffered total deafness in the other ear as the result of non-service-connected disability not the result of such veteran’s own willful misconduct, the Administrator shall assign and pay to the veteran con- cerned the applicable rate of compensation under this chapter as if such veteran’s blindness in both eyes or such bilateral kidney involvement were the result of service-connected disability.’’ Page 193 TITLE 38—VETERANS’ BENEFITS § 1162 1 See Special Benefit Allowance Rates note below. 1983—Pub. L. 98–160 substituted ‘‘(1) has suffered’’ for ‘‘has suffered (1)’’. 1976—Pub. L. 94–433 substituted ‘‘such veteran’s’’ for ‘‘his’’ wherever appearing. 1965—Pub. L. 89–311 added cl. (3) referring to total deafness in one ear as a result of service-connected dis- ability and total deafness in the other ear as the result of non-service-connected disability not the result of his own willful misconduct, inserted reference to total deafness in both ears and, in section catchline, inserted reference to bilateral deafness. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–576, title I, § 109(c), Oct. 28, 1986, 100 Stat. 3253, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ments made by this section [amending this section and section 314 [now 1114] of this title] shall take effect on the date of the enactment of this Act [Oct. 28, 1986]. ‘‘(2) In the case of an award of compensation for a dis- ability described in clause (1), (2), (3), or (5) of sub- section (a) of section 360 [now 1160] of title 38, United States Code, as amended by subsection (a) of this sec- tion, subsection (b) of such section shall apply only to awards of compensation made on or after the date of the enactment of this Act [Oct. 28, 1986].’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–311 effective first day of second calendar month following Oct. 31, 1965, see sec- tion 9 of Pub. L. 89–311, set out as a note under section 1114 of this title. § 1161. Payment of disability compensation in disability severance cases The deduction of disability severance pay from disability compensation, to the extent required by section 1212(d) of title 10, shall be made at a monthly rate not in excess of the rate of com- pensation to which the former member would be entitled based on the degree of such former member’s disability as determined on the initial Department rating. (Added Pub. L. 91–241, May 7, 1970, 84 Stat. 203, § 361; amended Pub. L. 94–433, title IV, § 404(23), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98–160, title VII, § 702(4), Nov. 21, 1983, 97 Stat. 1009; renum- bered § 1161 and amended Pub. L. 102–83, §§ 4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 110–181, div. A, title XVI, § 1646(c), as added Pub. L. 110–389, title I, § 103(a)(2), Oct. 10, 2008, 122 Stat. 4148.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–181, § 1646(c), as added by Pub. L. 110–389, § 103(a)(2), substituted ‘‘to the extent required by section 1212(d) of title 10’’ for ‘‘as required by sec- tion 1212(c) of title 10’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 361 of this title as this section. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. 1983—Pub. L. 98–160 struck out ‘‘United States Code,’’ after ‘‘title 10,’’. 1976—Pub. L. 94–433 substituted ‘‘such former mem- ber’s’’ for ‘‘his’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–389, title I, § 103(b), Oct. 10, 2008, 122 Stat. 4148, provided that: ‘‘The amendments made by sub- section (a) [adding section 1646(c) to Pub. L. 110–181 and provisions set out as a note under section 1212 of Title 10, Armed Forces] shall take effect on January 28, 2008 (the date of the enactment of the Wounded Warrior Act [title XVI of Pub. L. 110–181]), as if included in that Act, to which they relate.’’ Amendment by section 1646(c) of Pub. L. 110–181 effec- tive Jan. 28, 2008, and applicable with respect to mem- bers of the Armed Forces separated from the Armed Forces under chapter 61 of title 10, United States Code, on or after that date, see section 1646(d) of Pub. L. 110–181, set out as a note under section 1212 of Title 10, Armed Forces. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title. § 1162. Clothing allowance (a) ELIGIBILITY REQUIREMENTS.—The Sec- retary, under regulations which the Secretary shall prescribe, shall pay a clothing allowance of $716 1 per year to each veteran who— (1) because of a service-connected disability, wears or uses a prosthetic or orthopedic appli- ance (including a wheelchair) which the Sec- retary determines tends to wear out or tear the clothing of the veteran; or (2) uses medication which— (A) a physician has prescribed for a skin condition which is due to a service-con- nected disability; and (B) the Secretary determines causes irrep- arable damage to the veteran’s outergarments. (b) CONTINUOUS NATURE OF PAYMENTS.—Pay- ments made to a veteran under subsection (a) shall continue on an automatically recurring annual basis until the earlier of the following: (1) The date on which the veteran elects to no longer receive such payments. (2) The date on which the Secretary deter- mines the veteran is no longer eligible pursu- ant to subsection (c). (c) REVIEWS OF CLAIMS.—(1) The Secretary shall, in accordance with this subsection, con- duct reviews of a claim on which a clothing al- lowance for a veteran under subsection (a) is based to determine the continued eligibility of the veteran for such allowance. (2) The Secretary shall prescribe standards for determining whether a claim for a clothing al- lowance is based on a veteran’s wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication whose wear or tear or irreparable damage on a veteran’s outergarments or clothing is as likely as not subject to no change for the duration of such wearing or use. (3)(A) If the Secretary determines, pursuant to standards prescribed under paragraph (2), that a claim for a clothing allowance is based on wear or tear or irreparable damage that is as likely as not subject to no change, the veteran shall con-