
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1160]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
   CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
 
             SUBCHAPTER VI--GENERAL COMPENSATION PROVISIONS
 
Sec. 1160. Special consideration for certain cases of loss of 
        paired organs or extremities
        
    (a) Where a veteran has suffered--
        (1) blindness in one eye as a result of service-connected 
    disability and blindness in the other eye as a result of non-
    service-connected disability not the result of the veteran's own 
    willful misconduct;
        (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) total deafness in one ear as a result of service-connected 
    disability and total 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.

(Added Pub. L. 87-610, Sec. 1, Aug. 28, 1962, 76 Stat. 406, Sec. 360; 
amended Pub. L. 89-311, Sec. 3(a), (b), Oct. 31, 1965, 79 Stat. 1155; 
Pub. L. 94-433, title IV, Sec. 404(22), Sept. 30, 1976, 90 Stat. 1379; 
Pub. L. 98-160, title VII, Sec. 702(3), Nov. 21, 1983, 97 Stat. 1009; 
Pub. L. 99-576, title I, Sec. 109(a)(1), Oct. 28, 1986, 100 Stat. 3253; 
renumbered Sec. 1160 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 
5(a), Aug. 6, 1991, 105 Stat. 404-406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 360 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in concluding provisions.
    1986--Pub. L. 99-576 amended section generally, substituting ``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 disability not the result of such veteran's own 
willful misconduct, 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 veteran's own willful misconduct, or (3) has suffered 
total deafness in one ear as a result of service-connected disability 
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 concerned 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.''
    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 disability 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.


                    Effective Date of 1986 Amendment

    Section 109(c) of Pub. L. 99-576 provided that:
    ``(1) Except as provided in paragraph (2), the amendments 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 disability 
described in clause (1), (2), (3), or (5) of subsection (a) of section 
360 [now 1160] of title 38, United States Code, as amended by subsection 
(a) of this section, 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 section 9 of Pub. L. 89-311, set out 
as a note under section 1114 of this title.
