EFFECTIVE DATE OF 1965 AMENDMENTS Amendment by Pub. L. 89-311 to take effect on the first day of the second calendar month following the date of enactment of Pub. L. 89-311, which was approved on Oct. 31, 1965, see section 9 of Pub. L. 89-311, set out as a note under section 314 of this title. Section 2 of Pub. L. 89-137 provided that: "The foregoing provisions of this Act [amending this section and former section 1504 of this title] shall become effective on the first day of the second calendar month which begins following the date of enactment of this Act [Aug. 26, 1965]." EFFECTIVE Date of 1960 AMENDMENT Section 2 of Pub. L. 86-499 provided that: "The amendments made by this Act [amending subsec. (a)(1)(D), (G)] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [June 8, 1960]." REPEAL Section 405(c) of Pub. L. 97-253, cited as a credit to this section, was repealed by Pub. L. 97-306, §§ 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982. SAVINGS PROVISIONS Section 1(c) of Pub. L. 89-137 provided that: "Any veteran-trainee receiving subsistence allowance on the date of the enactment of this Act [Aug. 26, 1965] while pursuing a course of vocational rehabilitation authorized by chapter 31 of title 38, United States Code [former section 1501 et seq. of this title], shall not have such allowance reduced by reason of the amendments contained in such Act [amending this section and former section 1504 of this title]." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 335, 1504 of this title. SUBCHAPTER III-WARTIME DEATH COMPENSATION § 321. Basic entitlement The surviving spouse, child, or children, and dependent parent or parents of any veteran who died before January 1, 1957 as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during a period of war, shall be entitled to receive compensation at the monthly rates specified in section 322 of this title. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122; Pub. L. 92-197, § 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94-433, title IV, § 404(12), Sept. 30, 1976, 90 Stat. 1378.) AMENDMENTS 1976-Pub. L. 94-433 substituted "spouse" for "widow". 1971-Pub. L. 92-197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417(a) of this title. 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 301 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3113 of this title. § 322. Rates of wartime death compensation (a) The monthly rates of death compensation shall be as follows: (1) Surviving spouse but no child, $87; (2) Surviving spouse with one child, $121 (with $29 for each additional child); (3) No surviving spouse but one child, $67; (4) No surviving spouse but two children, $94 (equally divided); (5) No surviving spouse but three children, $122 (equally divided) (with $23 for each additional child, total amount to be equally divided); (6) Dependent parent, $75; (7) Both dependent parents, $40 each. (b) The monthly rate of death compensation payable to a surviving spouse or dependent parent under subsection (a) of this section shall be increased by $79 if the payee is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122; Pub. L. 91-96, § 7, Oct. 27, 1969, 83 Stat. 146; Pub. L. 91-588, § 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92-197, § 9, Dec. 15, 1971, 85 Stat. 662; Pub. L. 93-295, title II, § 204, May 31, 1974, 88 Stat. 183; Pub. L. 94-169, title II, § 202, Dec. 23, 1975, 89 Stat. 1021; Pub. L. 94-432, title IV, § 401, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 94-433, title IV, § 404(13)–(17), Sept. 30, 1976, 90 Stat. 1378, 1379; Pub. L. 95-204, title III, § 301, Dec. 2, 1977, 91 Stat. 1459.) AMENDMENTS 1977-Subsec. (b). Pub. L. 95-204 substituted "$79" for "$74". 1976-Subsec. (a). Pub. L. 94-433, § 404(13) to (16), substituted "Surviving spouse" for "Widow" in pars. (1) and (2); “surviving spouse" for "widow" in pars. (3), (4), and (5); "parent" for "mother or father" in par. (6); and "Both dependent parents" for "Dependent mother and father" in par. (7). Subsec. (b). Pub. L. 94-433, § 404(17), substituted "surviving spouse" for "widow". Pub. L. 94-432 substituted "$74" for "$69". 1975-Subsec. (b). Pub. L. 94-169 substituted, effective for the period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "$69" for "$64". 1974-Subsec. (b). Pub. L. 93-295 substituted "$64" for "$55." 1971-Subsec. (b). Pub. L. 92-197 extended the benefits to dependent parents under subsec. (a) of this section and increased the increase in benefits from $50 to $55. 1970-Subsec. (b). Pub. L. 91-588 substituted "$55" for "$50". 1969-Pub. L. 91-96 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 1977 AMENDMENT Section 302 of Pub. L. 95-204 provided that: "The provisions of this Act [amending sections 322, 415, 521, 541, 542, and 544 of this title, enacting provision set out as a note under section 101 of this title, and amending provision set out as a note under section 521 of this title] shall take effect January 1, 1978." EFFECTIVE DATE OF 1976 AMENDMENTS 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 301 of this title. Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94-432, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Section 202 of Pub. L. 94-169, as amended by section 101 of Pub. L. 94-432 eff. Sept. 30, 1976, provided in part that the amendment of this section by Pub. L. 94-169 is effective Jan. 1, 1976. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as a note under section 314 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91-588, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-96 effective the first day of the second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91-96, set out as a note under section 402 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 321, 342 of this title. SUBCHAPTER IV-PEACETIME § 331. Basic entitlement For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is the result of the veteran's own willful misconduct. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122.) CROSS REFERENCES Naval Reserves and Marine Corps Reserve, disability and death benefits, see section 6148 of Title 10, Armed Forces. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 332, 333, 334 of this title; title 10 section 6148. § 332. Presumption of sound condition For the purposes of section 331 of this title, every person employed in the active military, naval, or air service for six months or more shall be taken to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance and enrollment, or where evidence or medical judgment is such as to warrant a finding that the disease or injury existed before acceptance and enrollment. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 337 of this title. § 333. Presumptions relating to certain diseases (a) For the purposes of section 331 of this title, and subject to the provisions of subsections (b) and (c) of this section, any veteran who served for six months or more and contracts a tropical disease or a resultant disorder or disease originating because of therapy administered in connection with a tropical disease, or as a preventative thereof, shall be deemed to have incurred such disability in the active military, naval, or air service when it is shown to exist within one year after separation from active service, or at a time when standard and accepted treatises indicate that the incubation period thereof commenced during active service. (b) Service-connection shall not be granted pursuant to subsection (a), in any case where the disease or disorder is shown by clear and unmistakable evidence to have had its inception before or after active military, naval, or air service. (c) Nothing in this section shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, or air service. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 337 of this title. § 334. Rates of peacetime disability compensation For the purposes of section 331 of this title, the compensation payable for the disability shall be that specified in section 314 of this title. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123; Pub. L. 92-328, title I, § 108(a), June 30, 1972, 86 Stat. 396.) AMENDMENTS 1972-Pub. L. 92-328 substituted provisions that the compensation payable for the disability be that specified in section 314 of this title, for provisions that the compensation payable for the disability be equal to 80% of the compensation payable for such disability under section 314 of this title, adjusted upward or downward to the nearest dollar. EFFECTIVE DATE OF 1972 AMENDMENT Section 301(b) of Pub. L. 92-328 provided that: "Section 108 [repealing section 336 of this title and amending sections 334 and 335 of this title] shall take effect on July 1, 1973." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 314, 335, 617 of this title. § 335. Additional compensation for dependents Any veteran entitled to compensation at the rates provided in section 334 of this title, and whose disability is rated not less than 50 per centum, shall be entitled to additional monthly compensation for dependents as provided in section 315 of this title. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123; Pub. L. 92-328, title I, § 108(b), June 30, 1972, 86 Stat. 396.) AMENDMENTS 1972-Pub. L. 92-328 substituted provisions that the veteran be entitled to additional monthly compensation for dependents as provided in section 315 of this title, for provisions that the veteran be entitled to additional monthly compensation for dependents equal to 80% of the additional compensation for dependents provided in section 315 of this title, and subject to the limitations thereof, and adjusted upward or downward to the nearest dollar. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-328 effective on July 1, 1973, see section 301(b) of Pub. L. 92-328, set out as a note under section 334 of this title. [8 336. Repealed. Pub. L. 92-328, title I, § 108(c), June 30, 1972, 86 Stat. 396] Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, set forth the conditions under which wartime rates were payable to any veteran otherwise entitled to compensation under the provisions of this subchapter. EFFECTIVE DATE OF REPEAL Repeal of section effective July 1, 1973, see section 301(b) of Pub. L. 92-328, set out as an Effective Date of 1972 Amendment note under section 334 of this title. § 337. Wartime presumptions for certain veterans For the purposes of this subchapter and subchapter V of this chapter and notwithstanding the provisions of sections 332 and 333 of this subchapter, the provisions of sections 311, 312, and 313 of this chapter shall be applicable in the case of any veteran who served in the active military, naval, or air service after December 31, 1946. (Added Pub. L. 89-358, § 7(a), Mar. 3, 1966, 80 Stat. 27, and amended Pub. L. 93-295, title II, § 205, May 31, 1974, 88 Stat. 183.) AMENDMENTS 1974-Pub. L. 93-295 substituted "December 31, 1946" for "January 31, 1955". EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as a note under section 314 of this title. SUBCHAPTER V-PEACETIME DEATH SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 337 of this title. 8 341. Basic entitlement The surviving spouse, child or children, and dependent parent or parents of any veteran who died before January 1, 1957, as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during other than a period of war, shall be entitled to receive compensation as hereinafter provided in this subchapter. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123; Pub. L. 92-197, § 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94-433, title IV, § 404(18), Sept. 30, 1976, 90 Stat. 1379.) AMENDMENTS 1976-Pub. L. 94-433 substituted "spouse" for "widow". 1971-Pub. L. 92-197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417(a) of this title. 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 301 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 342, 3113 of this title. § 342. Rates of peacetime death compensation For the purposes of section 341 of this title, the monthly rates of death compensation payable shall be those specified in section 322 of this title. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124; Pub. L. 93-295, title II, § 206(a), May 31, 1974, 88 Stat. 183.) AMENDMENTS 1974-Pub. L. 93-295 substituted "those specified in section 322 of this title" for "equal to 80 per centum of the rates prescribed by section 322 of this title, adjusted upward or downward to the nearest dollar, counting fifty cents and over as a whole dollar". EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as a note under section 314 of this title. [§ 343. Repealed. Pub. L. 93-295, title II, § 206(b), May 31, 1974, 88 Stat. 183] Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, prescribed conditions under which wartime rates of compensation were payable. EFFECTIVE DATE OF REPEAL Repeal of section effective May 1, 1974, see section 401 of Pub. L. 93-295, set out as an Effective Date of 1974 Amendment note under section 314 of this title. SUBCHAPTER VI-GENERAL COMPENSATION PROVISIONS § 351. Benefits for persons disabled by treatment or vocational rehabilitation Where any veteran shall have suffered an injury, or an aggravation of an injury, as the result of hospitalization, medical or surgical treatment, or the pursuit of a course of vocational rehabilitation under chapter 31 of this title, awarded under any of the laws administered by the Veterans' Administration, or as a result of having submitted to an examination under any such law, and not the result of such veteran's own willful misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, disability or death compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded in the same manner as if such disability, aggravation, or death were service-connected. Where an individual is, on or after December 1, 1962, awarded a judgment against the United States in a civil action brought pursuant to section 1346(b) of title 28, United States Code, or, on or after December 1, 1962, enters into a settlement or compromise under section 2672 or 2677 of title 28, United States Code, by reason of a disability, aggravation, or death treated pursuant to this section as if it were service-connected, then no benefits shall be paid to such individual for any month beginning after the date such judgment, settlement, or compromise on account of such disability, aggravation, or death becomes final until the aggregate amount of benefits which would be paid but for this sentence equals the total amount included in such judgment, settlement, or compromise. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124; Pub. L. 87-825, § 3, Oct. 15, 1962, 76 Stat. 950; Pub. L. 91-24, § 3, June 11, 1969, 83 Stat. 33; Pub. L. 94-433, title IV, § 404(19), Sept. 30, 1976, 90 Stat. 1379.) AMENDMENTS 1976-Pub. L. 94-433 deleted "him" preceding "under any of the laws" and substituted "such veteran's" for "his" in the first sentence. 1969-Pub. L. 91-24 substituted “, on or after December 1, 1962," for "hereafter" wherever appearing therein. 1962-Pub. L. 87-825 provided that where an individual is awarded a judgment under section 1346(b) of title 28, enters a settlement or compromise under section 2672 or 2677 of such title by reason of a disability, aggravation, or death treated pursuant to this section as if service-connected, then no benefits shall be paid such individual for any month beginning after such judgment, settlement or compromise becomes final until the aggregate amount of benefits equals the total amount included in such judgment, settlement, or compromise, and eliminated provisions which required that no benefits were to be awarded unless application was made therefor within two years after an injury or aggravation was suffered, or a death occurred. 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 301 of this title. EFFECTIVE Date of 1962 AMENDMENT Amendment by Pub. L. 87-825 effective the first day of the second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87-825, set out as a note under section 110 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3010, 3113 of this title. § 352. Persons heretofore having a compensable status The death and disability benefits of this chapter shall, notwithstanding the service requirements thereof, be granted to persons heretofore recognized by law as having a compensable status, including persons whose claims are based on war or peacetime service rendered before April 21, 1898. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124.) § 353. Aggravation A preexisting injury or disease will be considered to have been aggravated by active military, naval, or air service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124.) § 354. Consideration to be accorded time, place and circumstances of service (a) The Administrator shall include in the regulations pertaining to service-connection of disabilities, additional provisions in effect requiring that in each case where a veteran is seeking service-connection for any disability due consideration shall be given to the places, types, and circumstances of such veteran's service as shown by such veteran's service record, the official history of each organization in which such veteran served, his medical records, and all pertinent medical and lay evidence. (b) In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the United States during a period of war, campaign, or expedition, the Administrator shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124; Pub. L. 94-433, title IV, § 404(20), Sept. 30, 1976, 90 Stat. 1379.) AMENDMENTS 1976-Subsec. (a). Pub. L. 94-433 substituted "such veteran's" for "his" in two instances and "such veteran" for "he". 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 301 of this title. § 355. Authority for schedule for rating disabilities The Administrator shall adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations. The schedule shall be constructed so as to provide ten grades of disability and no more, upon which payments of compensation shall be based, namely, 10 per centum, 20 per centum, 30 per centum, 40 per centum, 50 per centum, 60 per centum, 70 per centum, 80 per centum, 90 per centum, and total, 100 per centum. The Administrator shall from time to time readjust this schedule of ratings in accordance with experience. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125.) [§ 356. Repealed. Pub. L. 90–493, § 4(a), Aug. 19, 1968, 82 Stat. 809] Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, provided for a minimum rating for veterans with arrested tuberculosis. EFFECTIVE DATE OF REPEAL Section 4(b) of Pub. L. 90-493 provided that: "The repeals made by subsection (a) of this section [repealing this section and subsec. (q) of section 314 of this title] shall not apply in the case of any veteran who, on the date of enactment of this Act [Aug. 19, 1968], was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a condition of complete arrest." § 357. Combination of certain ratings The Administrator shall provide for the combination of ratings and pay compensation at the rates prescribed in subchapter II of this chapter to those veterans who served during a period of war and during any other time, who have suffered disability in line of duty in each period of service. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125.) § 358. Disappearance Where a veteran receiving compensation under this chapter disappears, the Administrator may pay the compensation otherwise payable to the veteran to such veteran's spouse, children, and parents. Payments made to such veteran's spouse, child, or parent under the preceding sentence shall not exceed the amounts payable to each if the veteran had died from service-connected disability. (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125; Pub. L. 86-212, Sept. 1, 1959, 73 Stat. 436; Pub. L. 94-433, title IV, § 404(21), Sept. 30, 1976, 90 Stat. 1379.) AMENDMENTS 1976-Pub. L. 94-433 deleted ", in his discretion," following "Administrator" and substituted "such veteran's spouse" for "his wife" and "such spouse” for “a wife". 1959-Pub. L. 86-212 substituted “a veteran" for "an incompetent veteran". 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 301 of this title. § 359. Protection of service connection Service connection for any disability or death granted under this title which has been in force for ten or more years shall not be severed on or after January 1, 1962, except upon a showing that the original grant of service connection was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The mentioned period shall be computed from the date determined by the Administrator as the date on which the status commenced for rating purposes. (Added Pub. L. 86-501, § 1, June 10, 1960, 74 Stat. 195, and amended Pub. L. 87-825, § 6, Oct. 15, 1962, 76 Stat. 950.) AMENDMENTS 1962-Pub. L. 87-825 provided for computation of the period from the date the administrator determines as the date the status commenced for rating purposes. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-825 effective the first day of the second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87-825, set out as a note under section 110 of this title. § 360. Special consideration for certain cases of blindness or bilateral kidney involvement or bilateral deafness Where any veteran has suffered (1) 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 serviceconnected disability and has suffered total deafness in the other ear as the result of nonservice-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. (Added Pub. L. 87-610, § 1, Aug. 28, 1962, 76 Stat. 406, and amended Pub. L. 89-311, § 3(a), |