Page:United States Statutes at Large Volume 100 Part 4.djvu/517

 PUBLIC LAW 99-576—OCT. 28, 1986

100 STAT. 3253

SEC. 109, SPECIAL CONSIDERATION FOR LOSS OF PAIRED ORGANS OR EXTREMITIES.

(a) REVISION as follows:

OF SECTION

360.—(1) Section 360 is amended to read

"§ 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(.,. r^.. 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 serviceconnected 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-serviceconnected 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 C. -»'>;i: 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 any money or property of value pursuant to an award in a judicial property, 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.". (2) The item relating to such section in the table of sections at the beginning of cha^ ter 11 is amended to read as follows: "360. Special consideration for certain cases of loss of paired organs or extremities.". (b) CONFORMING AMENDMENT.—Subsection (t) of section 314 is

repealed. (c) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (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 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.

71-19A 0 - 89 - 18: QL. 3 PartA

38 USC 360 note.

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