M21-1 Manual / Part VIII, Subpart iv, Chapter 7, Section A

Compensation for Paired Organs or Extremities Under 38 CFR 3.383

M21-1, Part VIII, Subpart iv, Chapter 7, Section A

Overview

In This Section

This section contains the topic “Compensation for Paired Organs or Extremities Under 38 CFR 3.383.”

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

basis for awarding compensation for certain paired organs or extremities under 38 U.S.C. 1160
criteria for establishing entitlement
effective dates for provisions of the law, and
eligibility for other benefits based on paired organs or extremities.

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

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).

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part VIII, Subpart iv, Chapter 7, Section A (U.S. government work, reproduced for reference). Browse all sections →