§ 1160. Special consideration for certain cases of loss of paired organs or extremities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1962

   Pub. L. 87–610 § 1 · 76 Stat. 406

   Enacted · 38 U.S.C. § 1160

   Added Pub. L. 87–610, § 1, Aug. 28, 1962, 76 Stat. 406, § 360

   Source evidence

   Code source credit
   Added Pub. L. 87–610, § 1, Aug. 28, 1962, 76 Stat. 406, § 360

2. 1965

   Pub. L. 89–311 § 3(a) · 79 Stat. 1154

   1. Added · 38 U.S.C. § 1160

      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

   2. Inserted · 38 U.S.C. § 1160

      Pub. L. 89–311 inserted reference to total deafness in both ears and, in section catchline

   3. Inserted · 38 U.S.C. § 1160

      Pub. L. 89–311 inserted reference to bilateral deafness

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Section 360 of title 38, United States Code, is amended Bilateral deafness, compensation. 76 Stat. 406. (1) by inserting immediately before the words “the Administrator” the following: “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 his own willful misconduct,” and (2) by inserting immediately after the words “kidney involvement” the following: “or such total deafness in both ears”.

3. 1976

   Veterans Disability Compensation and Survivor Benefits Act of 1976

   Pub. L. 94–433 title IV § 404(22) · 90 Stat. 1374

   Substituted · 38 U.S.C. § 1160

   Pub. L. 94–433 substituted “such veteran’s” for “his” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 94–433 substituted “such veteran’s” for “his” wherever appearing.

   Enacted provision · exact public law section
   (22) by striking out in section 360 “his” each time it appears and inserting in lieu thereof “such veteran’s”;

4. 1983

   Veterans’ Health Care Amendments of 1983

   Pub. L. 98–160 title VII § 702(3) · 97 Stat. 993

   Substituted · 38 U.S.C. § 1160

   Pub. L. 98–160 substituted “(1) has suffered” for “has suffered (1)”

   Source evidence

   Code amendment note
   Pub. L. 98–160 substituted “(1) has suffered” for “has suffered (1)”.

   Enacted provision · exact public law section
   (3) Section 360 is amended by striking out “has suffered (1)” and inserting in lieu thereof “(1) has suffered”.

5. 1986

   Pub. L. 99–576 title I § 109(a)(1) · 100 Stat. 3248

   1. Amended · 38 U.S.C. § 1160

      Pub. L. 99–576 amended section generally

   2. Substituted · 38 U.S.C. § 1160

      Pub. L. 99–576 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (1) Section 360 is amended to read as follows: “§ 360. 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 Administrator 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 Gifts and property. 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.”.

   Effective date note
   Pub. L. 99–576, title I, § 109(c), Oct. 28, 1986, 100 Stat. 3253, provided that:

6. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 1160

   Pub. L. 102–83, § 5(a), renumbered section 360 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 360 of this title as this section.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

7. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 1160(a)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in concluding provisions.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

8. 2002

   Pub. L. 107–330 title I § 103 · 116 Stat. 2820

   1. Substituted · 38 U.S.C. § 1160(a)(3)

      Pub. L. 107–330 substituted “deafness compensable to a degree of 10 percent or more in one ear” for “total deafness in one ear”

   2. Substituted · 38 U.S.C. § 1160(a)(3)

      Pub. L. 107–330 substituted “deafness in the other ear” for “total deafness in the other ear”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 107–330 substituted “deafness 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”.

   Enacted provision · exact public law section
   SEC. 103. SPECIFICATION OF HEARING LOSS REQUIRED FOR COMPENSATION FOR HEARING LOSS IN PAIRED ORGANS. Section 1160(a)(3) is amended— (1) by striking “total deafness” the first place it appears and inserting “deafness compensable to a degree of 10 percent or more”; and (2) by striking “total deafness” the second place it appears and inserting “deafness”.

9. 2007

   Dr. James Allen Veteran Vision Equity Act of 2007

   Pub. L. 110–157 title I § 102 · 121 Stat. 1831

   1. Substituted · 38 U.S.C. § 1160(a)(1)

      Pub. L. 110–157 substituted “impairment of vision” for “blindness”

   2. Substituted · 38 U.S.C. § 1160(a)(1)

      Pub. L. 110–157 substituted “misconduct and—” for “misconduct;”

   3. Added · 38 U.S.C. § 1160(a)(1)

      Pub. L. 110–157 added subpars. (A) and (B)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 110–157 substituted “impairment of vision” for “blindness” in two places and “misconduct and—” for “misconduct;” and added subpars. (A) and (B).

   Enacted provision · exact public law section
   SEC. 102. IMPROVEMENT IN COMPENSATION FOR VETERANS IN CERTAIN CASES OF IMPAIRMENT OF VISION INVOLVING BOTH EYES.   Section 1160(a)(1) of title 38, United States Code, is amended— (1) by striking “blindness” both places it appears and inserting “impairment of vision”; (2) by striking “misconduct;” and inserting “misconduct and—”; and (3) by adding at the end the following new subparagraphs: “(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;” .

14 of 15 references resolved to an enrolled provision · 1 partial