What this means
m21-1:VIII.iv.7.A explains compensation for paired organs or extremities under 38 CFR 3.383. In plain terms, the official guidance says 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. It also addresses 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.
How this may help with a claim
Use m21-1:VIII.iv.7.A when organizing evidence or checking VA's handling of compensation for paired organs or extremities under 38 CFR 3.383. Compare your application, supporting records, and notice with this source-specific point: 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. 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. Save proof of submission and identify the exact condition, exception, or missing development step before requesting correction or choosing a review option.
What to review in your file
- Check the file against this official condition: 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.
- Confirm that the record or notice addresses this source point: 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.
- Document how this stated step or exception applies: 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.
Important limits
m21-1:VIII.iv.7.A explains VA guidance for compensation for paired organs or extremities under 38 CFR 3.383; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: 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. Entitlement to disability compensation for a Veteran based on paired organs or extremities under 38 U.S.C.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Compensation for Paired Organs or Extremities Under 38 CFR 3.383
- m21-1:VIII.iv.7.A
- Compensation Paired Organs
- Extremities Under CFR
- Compensation Paired Organs Extremities
- basis awarding compensation certain
- criteria establishing entitlement
- effective dates provisions
Original VA guidance
The official VA text of this section
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
- special consideration for certain paired organs and extremities, see 38 CFR 3.383, and
- prohibitions against duplication of benefits, see M21-1, Part VIII, Subpart iv, 7.B.1.
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.
Scroll sideways to see the full table.
| 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).