Schedule for Rating Disabilities-The Endocrine System, 39011-39020 [2015-16666]
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Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules
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conference.
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I. Background
2. In Order No. 561, the Commission
established an indexing methodology
that allows oil pipelines to change rates
based upon an annual index as opposed
to making cost-of-service filings.5 In
Order No. 561, the Commission
committed to review the index level
every five years to ensure that the index
level chosen by the Commission
adequately reflects changes to industry
costs.6
3. In Order No. 561 and each
successive index review, the
Commission calculated the index level
based upon a methodology developed
by Dr. Alfred E. Kahn.7 The Kahn
Methodology measures changes in
operating costs and capital costs on a
per barrel-mile basis using FERC Form
No. 6 (Form No. 6) data from the prior
five-year period (for example, between
2009 and 2014 in this proceeding).8 The
Kahn Methodology uses net carrier
property per barrel-mile as a proxy for
capital cost data. The Kahn
Methodology assigns a weight to the
Form No. 6 operating expenses relative
to the net carrier property using an
‘‘operating ratio.’’ 9 The weighted
operating expense and the weighted net
carrier property are then added together
to establish the cumulative cost change
for each pipeline.10
4. Once these cumulative cost changes
have been calculated for each pipeline
with sufficient Form No. 6 data, the
Kahn Methodology culls a data set
consisting of pipelines with cumulative
per-barrel-mile cost changes in the
middle 50 percent of all pipelines. This
trimming removes statistical outliers or
spurious data points that could bias the
sample in either direction. For the
middle 50 percent data set, the Kahn
5 Order No. 561, FERC Stats. & Regs. ¶ 30,985 at
30,947.
6 Id.
7 The Commission’s use of the Kahn Methodology
has been affirmed by the United States Court of
Appeals for the District of Columbia Circuit. Assoc.
of Oil Pipelines v. FERC, 83 F.3d 1424 (D.C. Cir.
1996) and Flying J Inc., et al., v. FERC, 363 F.3d
495 (D.C. Cir. 2004).
8 Specifically, this data is drawn from the Form
No. 6: Carrier Property, page 110; Accrued
Depreciation, page 111; Operating Revenues and
Operating Expenses, page 114; Crude and Products
Barrel-Miles, page 600. To the extent this
information is incomplete, alternate data reported
in the Form No. 6 has been substituted.
9 The ‘‘operating ratio’’ = ((Operating Expense at
Year 1/Operating Revenue at Year 1) + (Operating
Expense at Year 5/Operating Revenue at Year 5))/
2. If the operating ratio is greater than one, then it
is assigned the value of 1 in the Kahn Methodology
calculations.
10 Cumulative Cost Change = (1-operating ratio) *
net plant + operating ratio * operating expenses.
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Methodology considers three different
measures of central tendency. One
measure is the median of each data set.
Another measure, the weighted mean,
calculates an average barrel-mile cost
change in which each pipeline’s cost
change is weighted by its barrel-miles.
A third measure, the un-weighted
average, calculates the simple average of
the percentage cost change per barrelmile for each pipeline. A composite is
calculated by taking the simple average
of the median, the weighted mean, and
the un-weighted mean. This composite
is compared to the value of the PPI–FG
index data over the same period. The
index level is then set at PPI–FG plus (or
minus) this differential.
39011
9. Commenters that are not able to file
comments electronically must send an
original of their comments to: Federal
Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
10. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
are not required to serve copies of their
comments on other commenters.
IV. Document Availability
III. Conference and Comment
Procedures
6. The Commission invites interested
persons to submit comments regarding
this proposal and any alternative
methodologies for calculating the index
level for the five-year period
commencing July 1, 2016.
7. Initial Comments are due August
24, 2015 and Reply Comments are due
September 21, 2015. Comments must
refer to Docket No. RM15–20–000, and
must include the name of the
commenter, and if applicable, the
organization represented and their
address. On July 30, 2015, the
Commission plans to hold a conference
to discuss the issues raised by this
notice. A subsequent notice will provide
additional details regarding the
conference.
8. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
Web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format. All
supporting workpapers must be
submitted with formulas and in a
spreadsheet format acceptable under the
Commission’s eFiling rules.
Commenters filing electronically do not
need to make a paper filing.
11. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington DC 20426.
12. From the Commission’s Home
Page on the Internet, this information is
available in the Commission’s document
management system, eLibrary. The full
text of this document is available on
eLibrary in PDF and Microsoft Word
format for viewing, printing, and/or
downloading. To access this document
in eLibrary, type the docket number
(excluding the last three digits) in the
docket number field.
13. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours. For
assistance, please contact the
Commission’s Online Support at 1–866–
208–3676 (toll free) or 202–502–6652
(email at FERCOnlineSupport@ferc.gov)
or the Public Reference Room at 202–
502–8371, TTY 202–502–8659 (email at
public.referenceroom@ferc.gov).
By direction of the Commission.
Dated: June 30, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
II. Commission Proposal
5. The Commission proposes to use an
index level between PPI–FG+2.0 percent
and PPI–FG+2.4 percent as the index
level for the five-year period
commencing July 1, 2016. This proposal
is based upon the Kahn Methodology as
applied to Form No. 6 data from the
2009 through 2014 period. The
Commission’s calculations are included
in Attachment A to this order.
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[FR Doc. 2015–16628 Filed 7–7–15; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 4
RIN 2900–AO44
Schedule for Rating Disabilities—The
Endocrine System
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
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Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules
The Department of Veterans
Affairs (VA) proposes to revise the
portion of the VA Schedule for Rating
Disabilities (Rating Schedule) that
addresses the endocrine system. The
intended effects of these changes are to
update medical terminology, add
medical conditions not currently in the
Rating Schedule, revise the criteria to
reflect medical advances since the last
revision in 1996, and clarify the criteria.
DATES: Comments must be received by
VA on or before September 8, 2015.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to the Director, Regulations
Policy and Management (02REG),
Department of Veterans Affairs, 810
Vermont Avenue NW., Room 1068,
Washington, DC 20420; or by fax to
(202) 273–9026. Comments should
indicate that they are submitted in
response to ‘‘RIN 2900–AO44–Schedule
for Rating Disabilities—The Endocrine
System.’’ Copies of comments received
will be available for public inspection in
the Office of Regulation Policy and
Management, Room 1068, between the
hours of 8:00 a.m. and 4:30 p.m.,
Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. (This is not a toll-free
number.) In addition, during the
comment period, comments may be
viewed online through the Federal
Docket Management System (FDMS) at
www.Regulations.gov
FOR FURTHER INFORMATION CONTACT: Nick
Olmos-Lau, M.D., FAAN, Medical
Officer, Compensation Service, Veterans
Benefits Administration, Department of
Veterans Affairs, (211C) 810 Vermont
Avenue NW., Washington, DC 20420,
(202) 461–9700. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION: As part of
the ongoing revision of the VA Schedule
for Rating Disabilities (‘‘Rating
Schedule’’), VA is proposing changes to
38 CFR 4.119, Schedule of ratingsendocrine system. This section was last
updated in 1996. The endocrine system
is made up of multiple hormoneproducing glands. Hormones are
chemical messengers that control the
function of many body processes. While
the actual dysfunction occurs at the site
of the gland, the signs and symptoms
manifest in the body systems on which
the specific hormones act. For diagnosis
and acute management of endocrine
diseases, medical professionals focus on
addressing the problem within the
endocrine system. However, the
residual effects of an endocrine disease
may manifest within multiple body
systems. Therefore, in general, VA
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proposes specific criteria for the initial
rating of endocrine diseases within
§ 4.119 to account for the unique
functional impairments associated with
attempts to bring the condition under
control. Once the condition is
effectively managed or has reached
maximal medical outcome, VA proposes
to evaluate for the residual effects of
disease within the appropriate
(adversely impacted) body system. For
rating clarity, the most commonly
impacted systems would be referenced
within the specific diagnostic code (DC).
By the revisions discussed herein, VA
aims to update medical terminology,
add medical conditions not currently in
the Rating Schedule, revise the criteria
to reflect medical advances, and clarify
the criteria.
In preparing this proposed revision,
VA conducted a mini-summit in
Washington, DC, on December 2, 2009.
VA also researched current medical
information and consulted with
Veterans Health Administration (VHA)
subject matter experts.
DC 7900: Hyperthyroidism, Including,
But Not Limited to, Graves’ Disease
VA proposes to update the title of DC
7900. Currently, this DC is titled
‘‘Hyperthyroidism.’’ The most common
cause of hyperthyroidism is Graves’
disease, an autoimmune disease that
affects multiple organ systems,
including the eyes and skin.
‘‘Hyperthyroidism (overactive thyroid),’’
Mayo Clinic, https://
www.mayoclinic.com/health/
hyperthyroidism/DS00344/DSECTION
=causes. Given the prevalence of
hyperthyroidism due to Graves’ Disease,
VA proposes to explicitly recognize
Graves’ disease under this DC by
changing the title of DC 7900 from
‘‘Hyperthyroidism’’ to
‘‘Hyperthyroidism, including, but not
limited to, Graves’ disease.’’ This is not
a substantive change, but simply an
effort to increase rating efficiency. To
account for less common causes of
hyperthyroidism not addressed by other
DCs, VA does not propose to limit this
DC so that it is only applicable to
Graves’ disease.
Hyperthyroidism refers to the excess
synthesis or secretion of thyroid
hormone. Regardless of the specific
cause, the symptoms directly caused by
excess thyroid hormone are the same.
Therefore, VA proposes to evaluate the
disability associated with excess thyroid
hormone using a single set of rating
criteria that reflects an earlier diagnosis
and current treatment options. Medical
advances have facilitated earlier
diagnosis and treatment of
hyperthyroidism. Treatment is directed
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at symptom relief and includes
antithyroid medications, radioactive
iodine therapy, and thyroidectomy
(surgical removal of the thyroid gland).
Earlier treatment has decreased the
duration and severity of both acute and
chronic symptoms of hyperthyroidism,
as well as its disabling residual effects.
Therefore, the existing evaluations of
100 and 60 percent for this condition
are no longer appropriate and VA
proposes to no longer assign them.
In the majority of cases, by the time
patients present with the symptoms
currently reflected in the criteria for a
30 percent evaluation (tachycardia,
tremor, and increased blood pressure or
pulse pressure), treatment is initiated.
With treatment, these symptoms
generally resolve completely within
three to six months. Therefore, VA
proposes to evaluate hyperthyroidism at
30 percent for six months after initial
diagnosis. Because symptoms generally
resolve completely while the 30 percent
evaluation is applicable, VA also
proposes to no longer assign a 10
percent evaluation. To account for
symptoms that do not resolve
completely within six months, VA
proposes adding a directive instructing
VA personnel to ‘‘rate residuals of
disease or complications of medical
treatment . . . within the appropriate
body system.’’
Since cardiovascular abnormalities
are common in hyperthyroidism, and
some persist despite treatment with
antithyroid medications, VA proposes
an alternative to the current approach
which rates certain cardiovascular
manifestations within DC 7900 but
refers VA personnel to DC 7008
(hyperthyroid heart disease) if heart
disease is the predominant disability
(see current Note (1)). Hyperthyroidism
is associated with a variety of
cardiovascular problems including
tachycardia, systolic hypertension,
cardiac arrhythmias particularly atrial
fibrillation, supraventricular
tachycardia, congestive heart failure or
angina among others. See Faizel Osman
et al., ‘‘Cardiovascular manifestations of
hyperthyroidism before and after
antithyroid therapy,’’ 49 (1) J. Am.
College of Cardiology, 71–81 (2007). In
order to address more specifically
cardiovascular issues related to
hyperthyroidism, VA proposes to
modify the existing Note (1) to state that
if cardiovascular or cardiac problems
related to hyperthyroidism are present
separately evaluate under DC 7008.
In order to clarify a potentially
confusing element in DC 7008 that
directs hyperthyroid heart disease to be
part of the overall evaluation of
hyperthyroidism under DC 7900, VA
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proposes to amend DC 7008 by directing
that hyperthyroid heart disease be rated
under the appropriate cardiovascular
diagnostic code, depending on
particular findings.
Currently, DC 7008 states that only
when atrial fibrillation is present
hyperthyroidism may be evaluated
either under DC 7900 or under 7010
(supraventricular arrhythmia),
whichever results in a higher
evaluation. As described above, the
potential cardiovascular conditions
related to hyperthyroidism are
numerous and complex, and the current
approach limits the alternatives and
precludes optimal assessment in
instances other than for atrial
fibrillation.
Currently, Note (2) of DC 7900 states:
‘‘If ophthalmopathy is the sole finding,
evaluate as field vision, impairment of
(DC 6080); diplopia (DC 6090); or
impairment of central visual acuity (DC
6061–6079).’’ In the case of Graves’
disease, which is evaluated under
proposed DC 7900, eye abnormalities
can occur independently and in the
absence of hyperthyroidism. As such, it
is not appropriate to limit evaluation of
such manifestations under either DC
7900 or an appropriate DC within the
eye body system. VA therefore proposes
to revise current Note (2) to read:
Separately evaluate eye involvement
occurring as a manifestation of Graves’
Disease as diplopia (DC 6090);
impairment of central visual acuity (DCs
6061–6066); or under the most
appropriate DCs in § 4.79.
DC 7901: Thyroid Enlargement, Toxic
VA proposes to update the title of DC
7901 from ‘‘Thyroid gland, toxic
adenoma of’’ to ‘‘Thyroid enlargement,
toxic.’’ When discussing thyroid
enlargement, ‘‘toxic’’ is the term used by
the medical community to indicate
overactive thyroid function, also known
as hyperthyroidism. Currently, the
rating criteria accompanying this DC are
identical to that accompanying current
DC 7900. Therefore, rather than
repeating the criteria for
hyperthyroidism, VA proposes Note (1)
to direct raters to evaluate toxic thyroid
enlargement under proposed DC 7900
(hyperthyroidism, including, but not
limited to, Graves’ disease).
An enlarged thyroid may cause a
visible swelling at the base of the neck
or thyroidectomy may result in
disfigurement. To account for such
disfigurement, VA proposes Note (2)
directing VA personnel: If disfigurement
of the neck is present due to thyroid
disease or enlargement, separately
evaluate under DC 7800 (burn scar(s) of
the head, face, or neck; scar(s) of the
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head, face, or neck due to other causes;
or other disfigurement of the head, face,
or neck).
DC 7902: Thyroid Enlargement,
nontoxic
VA proposes to change the current
title of DC 7902, ‘‘Thyroid gland,
nontoxic adenoma of,’’ to ‘‘Thyroid
enlargement, nontoxic.’’ In the context
of thyroid function, ‘‘nontoxic’’ means
that thyroid function is normal.
Because thyroid function is normal,
the disabling effects of nontoxic thyroid
enlargement are a result of
disfigurement or pressure on adjacent
organs. A person with this condition
may experience one or both of these
effects. However, under the current
criteria an evaluation may only be
assigned for the more disabling effect.
Therefore, to better reflect the full
impact of the condition, VA proposes to
amend the existing criteria to account
for both effects occurring
simultaneously.
When the enlarged thyroid gland
compresses adjacent organs, it may
produce symptoms due to pressure on
anterior neck structures, including the
trachea (wheezing, cough), the
esophagus (dysphagia), and the
recurrent laryngeal nerve (hoarseness).
The severity of disabilities related to
pressure on adjacent organs is best
evaluated under the DC(s) within the
appropriate body system. Therefore, VA
proposes to edit the current note under
DC 7902, which would be proposed
Note (1), to clarify VA’s intention to
evaluate the symptoms due to pressure
on adjacent organs under the
appropriate diagnostic code within the
appropriate body system and to delete
the current phrase ‘‘if doing so would
result in a higher evaluation than using
this [DC].’’ Currently, DC 7902 provides
a 20 percent evaluation when there is
disfigurement of the head or neck and
a 0 percent evaluation when there is no
such disfigurement. Disfigurement due
to an enlarged thyroid gland is not
defined in the existing criteria and,
therefore, is subject to individual
interpretation. Objective criteria for
evaluating disfigurement of the neck
already exist under DC 7800 (burn
scar(s) of the head, face, or neck; scar(s)
of the head, face, or neck due to other
causes; or other disfigurement of the
head, face, or neck). Because this set of
criteria covers all types of disfigurement
of the neck and provides a wider range
of disability compensation, VA proposes
deletion of the current criteria and
addition of proposed Note (2) stating
that disfigurement of the neck related to
nontoxic thyroid enlargement should be
evaluated under DC 7800.
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39013
The proposed notes read as follows:
‘‘Note (1): Evaluate symptoms due to
pressure on adjacent organs (such as the
trachea, larynx, or esophagus) under the
appropriate diagnostic code(s) within
the appropriate body system.’’ ‘‘Note (2):
If disfigurement of the neck is present
due to thyroid disease or enlargement,
separately evaluate under DC 7800
(burn scar(s) of the head, face, or neck;
scar(s) of the head, face, or neck due to
other causes; or other disfigurement of
the head, face, or neck).’’
DC 7903: Hypothyroidism
Hypothyroidism is currently
evaluated at levels of 100, 60, 30, and
10 percent. Severe hypothyroidism is
characterized by myxedema (coma or
crisis), a life-threatening form of
hypothyroidism found predominantly
in undiagnosed or undertreated
individuals that requires inpatient
hospitalization for stabilization. Medical
advances in the diagnosis and treatment
of hypothyroidism have decreased the
incidence of myxedema to the point that
myxedema coma occurs in only 0.1
percent of all cases of hypothyroidism.
Erik D Schraga, MD, ‘‘Hypothyroidism
and Myxedema Coma in Emergency
Medicine,’’ Medscape Reference (Mar.
29, 2012), https://
emedicine.medscape.com/article/
768053-overview. Symptoms of
myxedema are currently evaluated at
100 and 60 percent. However, given the
severity of the condition, a 60 percent
evaluation is insufficient. Therefore, VA
proposes a 100 percent evaluation for all
instances of hypothyroidism with
myxedema. VA proposes to add a note
to provide: ‘‘This evaluation shall
continue for six months beyond the date
that an examining physician has
determined crisis stabilization.
Thereafter, the residual effects of
hypothyroidism shall be rated under the
appropriate diagnostic code(s) within
the appropriate body system(s) (e.g.,
eye, digestive, and mental disorders).’’
Medical management of
hypothyroidism, in the absence of
myxedema, results in improvement of
laboratory values within a few weeks.
However, alleviation of other clinical
symptoms may take up to six months to
resolve. See Bijay Vaidya, ‘‘Management
of Hypthyroidism,’’ BMJ 337:a801
(2008). Therefore, VA proposes to
evaluate hypothyroidism in the absence
of myxedema at 30 percent for six
months after initial diagnosis and would
explain this in a note that would also
provide that, thereafter, the residual
effects of hypothyroidism shall be rated
under the most appropriate diagnostic
code(s) within the appropriate body
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system(s) (e.g., eye, digestive, and
mental disorders).
VA also proposes to add a note to
provide that eye involvement associated
with hypothyroidism would also be
evaluated under § 4.79. Specifically, the
proposed note reads: ‘‘If eye
involvement, such as exophthalmos,
corneal ulcer, blurred vision, or
diplopia, is also present due to thyroid
disease, also separately evaluate under
appropriate diagnostic code(s) in § 4.79,
Schedule of Ratings—Eye (such as
diplopia (DC 6090) or impairment of
central visual acuity (DCs 6061–6066)).’’
DC 7904: Hyperparathyroidism
Hyperparathyroidism, DC 7904, is
currently evaluated at levels of 100, 60,
and 10 percent. Due to increased routine
laboratory testing, hyperparathyroidism
is usually diagnosed before patients
develop severe disease and often before
any signs or symptoms, such as kidney
stones, gastrointestinal problems or
weakness, are present. John I. Lew,
‘‘Surgical Management of Primary
Hyperparathyroidism: State of the Art,’’
89 Surgical Clinics of N. Am. 1205–25
(2009); ‘‘Hyperparathyroidism,’’ Mayo
Clinic, https://www.mayoclinic.com/
health/hyperparathyroidism/DS00396.
Therefore, the existing criteria for
evaluations at the 100 and 60 percent
rating are no longer appropriate, and VA
proposes revision of all the criteria
consistent with medical advances.
Individuals diagnosed with
hyperparathyroidism, but without
symptoms (asymptomatic), require
annual monitoring of their serum
calcium levels and creatinine clearance
(renal function). Bone density
monitoring is also required every one to
two years. These tests help medical
professionals monitor the progression of
the disease and to determine when
surgery is necessary. Therefore, VA
proposes to evaluate asymptomatic
hyperparathyroidism at 0 percent.
Individuals with mild
hyperparathyroidism may develop
symptoms of hypercalcemia before
surgery is determined to be necessary.
Even after surgery, mild symptoms may
persist. Therefore, VA proposes a 10
percent evaluation for the presence of
symptoms, such as fatigue, anorexia,
nausea, or constipation, despite surgery
or in subjects deemed not to be
candidates for surgery who require
continuous medications for control.
Potential complications of
hyperparathyroidism include gastric
ulcers, kidney stones, decrease kidney
function, and decreased bone mass
associated with fragility fractures. Early
intervention through laboratory
monitoring generally prevents these
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complications. An increase in serum
calcium, decreases in creatinine
clearance, and decreases in bone density
are used as laboratory indicators for the
worsening of disease and evaluation for
surgical intervention. Therefore, VA
proposes a 60 percent evaluation for
hypercalcemia indicated by at least one
of the following: Total Ca greater than
12mg/dL (3–3.5 mmol/L), Ionized Ca
greater than 5.6 mg/dL (2–2.5 mmol/L),
creatinine clearance less than 60 mL/
min, bone mineral density T-score less
than 2.5 (SD below mean) at any site or
previous fragility fracture). Because
these findings indicate that surgical or
pharmacologic intervention is
warranted and such intervention
usually resolves symptoms, VA
proposes that the 60 percent evaluation
shall continue until such intervention
occurs. If surgery is not indicated, the
60 percent evaluation would continue
for 6 months after pharmacological
treatment begins. After six months,
rating would be based on residuals
under the appropriate diagnostic code(s)
within the appropriate body system
based on examination.
Parathyroidectomy is the treatment of
choice for symptomatic
hyperparathyroidism. Therefore, VA
proposes a 100 percent evaluation for
six months after surgical intervention
for hyperparathyroidism and thereafter,
an evaluation based on the residuals of
hyperparathyroidism or medical
treatment under the appropriate
diagnostic code(s) within the
appropriate body system.
VA proposes to amend the current
note under DC 7904 by numbering the
note as proposed Note (4) and clarifying
that the residuals of
hyperparathyroidism are to be rated
under the appropriate DC. The current
note reads: ‘‘Following surgery or
treatment, evaluate as digestive,
skeletal, renal, or cardiovascular
residuals or as endocrine dysfunction.’’
The proposed Note (4) reads:
‘‘Following surgery or other treatment,
evaluate chronic residuals, such as
nephrolithiasis (kidney stones),
decreased renal function, fractures,
vision problems, and cardiovascular
complications, under the appropriate
diagnostic codes.’’
DC 7905: Hypoparathyroidism
Parathyroid hormone controls the
balance of calcium in the body. When
there is not enough of this hormone, the
condition is known as
hypoparathyroidism. The predominant
symptoms of hypoparathyroidism is
neuromuscular irritability, including,
but not limited to, paresthesias (tingling
and numbness involving fingertips, toes,
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or perioral area), hyperirritability,
fatigue, anxiety, mood swings and/or
personality disturbances, seizures,
hoarseness (due to laryngospasm),
wheezing and dyspnea (due to
bronchospasm), muscle cramps, and
electrolyte imbalances
(hypomagnesemia, hypokalemia, and
alkalosis).
Currently, evaluations are assigned
based on some of these symptoms.
However, because many of the
symptoms of parathyroid hormone
deficiency are caused by an imbalance
of calcium in the body (decreased
extracellular ionized calcium levels and
hypocalcemia), when
hypoparathyroidism is treated with
calcium and vitamin D
supplementation, the symptoms are
generally eliminated. Paul Fitzgerald,
‘‘Chapter 26. Endocrine Disorders’’
(2014), https://accessmedicine.
mhmedical.com/content.aspx?bookid
=330&Sectionid=44291028. Therefore,
VA proposes new evaluation criteria
that account for this treatment.
Specifically, VA proposes a 100 percent
evaluation for three months after initial
diagnosis and, thereafter, to rate
residual effects, such as nephrolithiasis
(kidney stones), cataracts, decreased
renal function, and congestive heart
failure under the appropriate DCs.
New DC 7906: Thyroiditis
VA proposes to add a new DC for
thyroiditis, which is inflammation of
the thyroid gland. The condition most
often results from an autoimmune
disease (known as Hashimoto’s
thyroiditis), where the immune system
attacks the thyroid gland.
However, regardless of the specific
cause, thyroiditis may manifest as
hyperthyroidism, hypothyroidism, or
with no change in thyroid function.
Because hyperthyroidism and
hypothyroidism would be addressed in
the Rating Schedule as proposed DCs
7900 and 7903, respectively, VA
proposes a note to clarify that these
manifestations be rated under those
DCs.
While thyroiditis may also be present
in a person with normal thyroid
function, because thyroiditis increases
the likelihood of developing
hyperthyroidism or hypothyroidism, the
thyroid function of these individuals
must be monitored. This factor is not
currently accounted for in the Rating
Schedule. Therefore, for these
individuals, VA proposes that a 0
percent evaluation for asymptomatic
thyroiditis be associated with this DC.
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DC 7907: Cushing’s Syndrome
Cushing’s syndrome is the result of
prolonged elevation in the amount of
glucocorticoid in the body. The severity
of the signs and symptoms is
determined by the duration and level of
glucocorticoid exposure.
Currently, evaluations for Cushing’s
syndrome are assigned based in part on
enlargement of the adrenal gland (which
produces these hormones) and the
pituitary gland (which produces
hormones that trigger the adrenal
gland). However, glandular enlargement
is not indicative of disease severity.
Exogenous glucocorticoid exposure (the
intake of glucocorticoids), the most
common cause of Cushing’s syndrome,
does not involve enlargement of the
pituitary or adrenal glands. Therefore,
VA proposes to delete the requirement
for the presence of enlargement of the
pituitary or adrenal gland as one of the
criteria required for 100 and 60 percent
evaluations.
The muscle weakness associated with
Cushing’s syndrome is a result of
proximal muscle wasting and weakness
caused by excess glucocorticoid
hormones. This muscle wasting results
in the inability to rise from a squatting
position without assistance, and, in
more severe cases, the inability to climb
stairs or get up from a deep chair.
Lynnette K. Nieman, MD,
‘‘Epidemiology and clinical
manifestations of Cushing’s syndrome’’
UpToDate (Oct. 22, 2013), https://
www.uptodate.com/contents/
epidemiology-and-clinicalmanifestations-of-cushings-syndrome.
To clarify the criteria for 100 and 60
percent evaluations, VA proposes to
replace ‘‘loss of muscle strength’’ with
the more specific criteria of ‘‘proximal
upper and lower extremity muscle
wasting that results in inability to rise
from squatting position, climb stairs,
rise from a deep chair without
assistance, or raise arms.’’ VA also
proposes to remove ‘‘weakness’’ from
the list of criteria for a 100 percent
evaluation because it is already
captured with language replacing ‘‘loss
of muscle strength.’’ With these
proposed modifications, a 100 percent
evaluation would be assigned for
Cushing’s syndrome if there is ‘‘active,
progressive disease, including areas of
osteoporosis, hypertension, and
proximal upper and lower extremity
muscle wasting that results in inability
to rise from a squatting position, climb
stairs, rise from a deep chair without
assistance, or raise arms.’’ Similarly, VA
proposes a 60 percent evaluation for
Cushing’s syndrome if there is
‘‘[p]roximal upper or lower extremity
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muscle wasting that results in inability
to rise from a squatting position, climb
stairs, rise from a deep chair without
assistance, or raise arms.’’ VA proposes
no change to the current 30 percent
evaluation criteria.
The treatment for Cushing’s syndrome
is determined by the glucocorticoid
source. Endogenous hypercortisolism
(overproduction of glucocorticoid
hormones by the adrenal gland) is
treated by surgical removal of the
adrenal gland, medical adrenalectomy,
surgical resection of a pituitary tumor,
or radiation therapy of the pituitary
gland. Exogenous hypercortisolism is
treated via gradual reduction of the
outside source, such as corticosteroid
medications. Because early medical
intervention has decreased the
complications associated with Cushing’s
syndrome, VA proposes evaluations for
Cushing’s syndrome at the 100, 60, or 30
percent level for six months after initial
diagnosis. Because treatment may not
completely eliminated complications or
may itself be associated with
complications, after six months, VA
proposes to rate residuals such as
adrenal insufficiency, cardiovascular,
psychiatric, skin, or skeletal
complications under the appropriate
diagnostic code(s) within the
appropriate body system. Therefore, VA
proposes to amend the note following
DC 7907 to reflect the above proposed
changes.
DC 7908: Acromegaly
Acromegaly, DC 7908, is a condition
in which the pituitary gland produces
excess growth hormone, usually due to
a benign tumor. The excessive amount
of hormone results in enlargement of
various body tissues, including bone.
Acromegaly is currently evaluated at
levels of 100, 60, and 30 percent. VA
proposes no changes in the evaluation
criteria for the 100 and 60 percent
levels. The current 30 percent
evaluation criteria for acromegaly
require that there be enlargement of
acral parts or overgrowth of long bones,
and an enlarged sella turcica (the
depression at the base of the skull where
the pituitary gland is located). VA
proposes to remove ‘‘enlarged sella
turcica’’ as one of the required criteria.
Although acromegaly is generally due to
a pituitary tumor (which commonly
results in enlargement of the sella
turcica), it occasionally arises from
causes that do not produce an enlarged
sella turcica. Further, enlargement of the
sella turcica is not an indicator of the
severity of the condition. Therefore, it is
not appropriate to retain ‘‘enlarged sella
turcica’’ as a required criterion, and VA
proposes to remove it.
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DC 7909: Diabetes Insipidus
Inadequate secretion of or a resistance
to antidiuretic hormone (ADH) is the
cause of diabetes insipidus (DI). ADH
limits the amount of water that the
kidneys allow to leave the body. A lack
of or resistance to ADH causes excessive
excretion of free water. This disease is
characterized by polyuria (frequent
urination), polydipsia (excessive thirst),
and nocturia (frequent night time
urination). Without treatment,
dehydration and bladder enlargement
commonly result. If treated, diabetes
insipidus does not cause severe
problems or a reduction in life
expectancy. See Goldman’s Cecil
Medicine Chapter 232 (24th ed. 2011).
The prognosis for this disease is
excellent, because it is frequently
transient and there are excellent
medications with different means of
administration to treat the condition on
a chronic basis if this condition
becomes permanent. Most individuals,
even in emergency situations, can
replace urine loss with increased fluid
intake. Therefore, the reliance in the
current criteria on the need for
parenteral (IV) hydration is no longer
appropriate, and VA proposes deletion
of the current criteria.
In its place, in order to allow the
condition to become stabilized and to
determine if the condition is transient or
becoming permanent, VA proposes a 30
percent evaluation for three months
after the initial diagnosis. Once the
condition is stabilized, the need for long
term medication can be assessed. Many
patients are able to control their
condition with oral or trans-nasal
medication, while others require
parenteral treatment (when oral or transnasal medications are either not
tolerable or effective). Therefore, VA
proposes a reevaluation of diabetes
insipidus after the three month period.
If DI has subsided, VA would rate any
residuals under the appropriate
diagnostic code(s) within the
appropriate body system. For those DI
cases with persistent polyuria or
requiring continuous hormonal therapy,
VA proposes a 10 percent rating.
DC 7911: Addison’s Disease
(Adrenocortical Insufficiency)
The medical community has shifted
from the term ‘‘adrenal cortical
hypofunction’’ to the term
‘‘adrenocortical insufficiency.’’
Therefore, for clarity and consistency
with current medical terminology, VA
proposes to retitle this DC ‘‘Addison’s
disease (adrenocortical insufficiency).’’
VA does not propose changes to the
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rating criteria and notes associated with
this DC.
DC 7915: Neoplasm, Benign, Any
Specified Part of the Endocrine System
DC 7912: Polyglandular Syndrome
(Multiple Endocrine Neoplasia,
Autoimmune Polyglandular Syndrome)
VA proposes to retain the existing
direction to rate this condition based on
residuals of endocrine dysfunction, but
separate the rating direction from the
title of DC 7915.
‘‘Pluriglandular syndrome’’ refers, not
to a single condition, but to a group of
conditions that impact multiple glands
in the body. Therefore, a person is likely
to be given a more specific diagnosis,
rather than one with this general term.
Therefore, VA proposes to include the
most common forms of the condition in
the title of the DC. Also, over time, the
medical community has shifted from the
term ‘‘pluriglandular’’ to
‘‘polyglandular’’ when referring to this
condition. Therefore, to better reflect the
terminology currently associated with
the condition, VA proposes to update
the title of DC 7912 to ‘‘Polyglandular
syndrome (multiple endocrine
neoplasia, autoimmune polyglandular
syndrome).’’ The current guidance for
evaluation is to evaluate according to
major manifestations. VA proposes to
revise the guidance to include some of
the common manifestations of the
syndrome. The proposed guidance
reads: ‘‘Evaluate according to major
manifestations to include, but not
limited to, Type I diabetes mellitus,
hyperthyroidism, hypothyroidism,
hypoparathyroidism, or Addison’s
disease.’’
srobinson on DSK5SPTVN1PROD with PROPOSALS
DC 7913: Diabetes Mellitus
Diabetes mellitus is a complex
condition that impacts individuals in a
variety of ways. At this time, VA
proposes only one clarifying
amendment to this DC. VA proposes to
clarify that the rating criteria for a 20,
40, or 60 percent rating require ‘‘one or
more daily injection’’ of insulin. This
clarifying amendment is not a
substantive change but rather a
clarification of VA’s interpretation of
this DC that an injection of insulin is
required to achieve a 20, 40, 60, or 100
percent rating. To ensure that the full
range of relevant factors is adequately
addressed, VA is not proposing to
amend the remaining rating criteria
pertaining to this DC at this time.
Rather, VA intends to establish a work
group to specifically address this
condition. Upon consideration of the
work group’s findings, VA will
determine whether amendments to the
remaining existing criteria are necessary
and such amendments, if any, will be
addressed in a future proposal.
DC 7914: Neoplasm, Malignant, Any
Specified Part of the Endocrine System
VA proposes no changes at this time.
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DC 7916: Hyperpituitarism (Prolactin
Secreting Pituitary Dysfunction)
The existing note regarding the
evaluation of this condition also applies
to DCs 7917 and 7918 and is given after
DC 7918. Therefore, it can be
overlooked with regard to the other DCs.
Therefore, VA proposes to include the
same note regarding the evaluation of
each condition directly under each DC
and to amend the current note to reflect
the proposed change. The conditions
would all continue to be evaluated as
malignant or benign neoplasm, as
appropriate, so no substantive change is
being made.
DC 7917: Hyperaldosteronism (Benign
or Malignant)
See discussion of DC 7916.
DC 7918: Pheochromocytoma (Benign
or Malignant)
See discussion of DC 7916.
DC 7919: C-cell Hyperplasia of the
Thyroid
Currently, this condition is rated in
the same way as a malignant neoplasm.
However, this does not adequately
address all potential manifestations of
this condition. Therefore, VA proposes
to replace the existing note with one
that provides as follows: ‘‘If
antineoplastic therapy is required,
evaluate as a malignant neoplasm under
DC 7914. If a prophylactic
thyroidectomy is performed (based
upon genetic testing) and antineoplastic
therapy is not required, evaluate as
hypothyroidism under DC 7903.’’ These
changes are in keeping with current
medical information about C-cell
hyperplasia.
Technical Amendments
VA also proposes several technical
amendments. We would add a citation
reference to 38 U.S.C. 1155 at the end
of § 4.119, and we would update
Appendix A, B, and C of part 4 to reflect
the above noted proposed amendments.
Paperwork Reduction Act
This proposed rule contains no
provisions constituting a collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521).
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Regulatory Flexibility Act
The Secretary hereby certifies that
this proposed rule would not have a
significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
Flexibility Act (5 U.S.C. 601–612). This
proposed rule would directly affect only
individuals and would not directly
affect small entities. Therefore, pursuant
to 5 U.S.C. 605(b), this rulemaking is
exempt from the initial and final
regulatory flexibility analysis
requirements of sections 603 and 604.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action’’ requiring review by
the Office of Management and Budget
(OMB), unless OMB waives such
review, as ‘‘any regulatory action that is
likely to result in a rule that may: (1)
Have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
have been examined, and it has been
determined to be a significant regulatory
action under Executive Order 12866
because it is likely to result in a rule that
may raise novel policy issues arising out
of legal mandates, the President’s
priorities, or the principles set forth in
the Executive Order. VA’s impact
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analysis can be found as a supporting
document at https://
www.regulations.gov, usually within 48
hours after the rulemaking document is
published. Additionally, a copy of this
rulemaking and its impact analysis are
available on VA’s Web site at https://
www.va.gov/orpm/, by following the
link for ‘‘VA Regulations Published
From FY 2004 Through Fiscal Year to
Date.’’
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Robert L. Nabors, II, Chief of Staff,
approved this document on June 30,
2015, for publication.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This proposed rule would
have no such effect on State, local, and
tribal governments, or on the private
sector.
List of Subjects in 38 CFR Part 4
Disability benefits, Pensions,
Veterans.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document are
64.104, Pension for Non-ServiceConnected Disability for Veterans, and
64.109, Veterans Compensation for
Service-Connected Disability.
Dated: July 1, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy
& Management, Office of the General Counsel,
Department of Veterans Affairs.
For the reasons set out in the
preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part
4 as set forth below:
PART 4—SCHEDULE FOR RATING
DISABILITIES
2. Amend § 4.104 by revising the entry
for 7008 to read as follows:
■
§ 4.104 Schedule of ratings—
cardiovascular system.
DISEASES OF THE HEART
Rating
*
*
*
*
7008 Hyperthyroid heart disease.
Rate under the appropriate
cardiovascular diagnostic
code, depending on particular findings.
*
*
*
*
*
*
3. Section 4.119 is revised to read as
follows:
■
The Endocrine System
§ 4.119 Schedule of ratings—endocrine
system.
Subpart B—Disability Ratings
1. The authority citation for part 4
continues to read as follows:
■
Authority: 38 U.S.C. 1155, unless
otherwise noted.
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Rating
7900 Hyperthyroidism, including, but not limited to, Graves’ disease:
For six months after initial diagnosis ............................................................................................................................................
Thereafter, rate residuals of disease or complications of medical treatment within the appropriate diagnostic code(s) within
the appropriate body system.
Note (1): If hyperthyroid cardiovascular or cardiac disease is present, separately evaluate under DC 7008 (hyperthyroid
heart disease).
Note (2): Separately evaluate eye involvement occurring as a manifestation of Graves’ Disease as diplopia (DC 6090); impairment of central visual acuity (DCs 6061–6066); or under the most appropriate DCs in § 4.79.
7901 Thyroid enlargement, toxic.
Note (1): Evaluate symptoms of hyperthyroidism under DC 7900, hyperthyroidism, including, but not limited to, Graves’ disease.
Note (2): If disfigurement of the neck is present due to thyroid disease or enlargement, separately evaluate under DC 7800
(burn scar(s) of the head, face, or neck; scar(s) of the head, face, or neck due to other causes; or other disfigurement of
the head, face, or neck).
7902 Thyroid enlargement, nontoxic:
Note (1): Evaluate symptoms due to pressure on adjacent organs (such as the trachea, larynx, or esophagus) under the
appropriate diagnostic code(s) within the appropriate body system.
Note (2): If disfigurement of the neck is present due to thyroid disease or enlargement, separately evaluate under DC 7800
(burn scar(s) of the head, face, or neck; scar(s) of the head, face, or neck due to other causes; or other disfigurement of
the head, face, or neck).
7903 Hypothyroidism:
Hypothyroidism manifesting as myxedema (cold intolerance, muscular weakness, cardiovascular involvement (including, but
not limited to hypotension, bradycardia, and pericardial effusion), and mental disturbance (including, but not limited to dementia, slowing of thought and depression)) ...........................................................................................................................
Note (1): This evaluation shall continue for six months beyond the date that an examining physician has determined crisis
stabilization. Thereafter, the residual effects of hypothyroidism shall be rated under the appropriate diagnostic code(s)
within the appropriate body system(s) (e.g., eye, digestive, and mental disorders).
Hypothyroidism without myxedema ..............................................................................................................................................
Note (2): This evaluation shall continue for six months after the initial diagnosis. Thereafter, rate residuals of disease or
medical treatment under the most appropriate diagnostic code(s)under the appropriate body system (e.g., eye, digestive,
mental disorders).
Note (3): If eye involvement, such as exophthalmos, corneal ulcer, blurred vision, or diplopia, is also present due to thyroid
disease, also separately evaluate under the appropriate diagnostic code(s) in § 4.79, Schedule of Ratings—Eye (such as
diplopia (DC 6090) or impairment of central visual acuity (DCs 6061–6066)).
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Rating
7904 Hyperparathyroidism
For six months from date of discharge following surgery ............................................................................................................
Note (1): After six months, rate on residuals under the appropriate diagnostic code(s) within the appropriate body system(s)
based on a VA examination.
Hypercalcemia (indicated by at least one of the following: Total Ca greater than 12mg/dL (3–3.5 mmol/L), Ionized Ca greater than 5.6 mg/dL (2–2.5 mmol/L), creatinine clearance less than 60 mL/min, bone mineral density T-score less than 2.5
SD (below mean) at any site or previous fragility fracture)
Note (2): Where surgical intervention is indicated, this evaluation shall continue until the day of surgery, at which time the
provisions pertaining to a 100 percent evaluation shall apply.
Note (3): Where surgical intervention is not indicated, this evaluation shall continue for six months after pharmacologic
treatment begins. After six months, rate on residuals under the appropriate diagnostic code(s) within the appropriate
body system(s) based on a VA examination.
Symptoms such as fatigue, anorexia, nausea, or constipation that occur despite surgery; or in individuals who are not candidates for surgery but require continuous medication for control ...........................................................................................
Asymptomatic ...............................................................................................................................................................................
Note (4): Following surgery or other treatment, evaluate chronic residuals, such as nephrolithiasis (kidney stones), decreased renal function, fractures, vision problems, and cardiovascular complications, under the appropriate diagnostic
codes.
7905 Hypoparathyroidism:
For three months after initial diagnosis ........................................................................................................................................
Thereafter, evaluate chronic residuals, such as nephrolithiasis (kidney stones), cataracts, decreased renal function, and
congestive heart failure under the appropriate diagnostic codes.
7906 Thyroiditis
With normal thyroid function (euthyroid) ......................................................................................................................................
Note: Manifesting as hyperthyroidism, evaluate as hyperthyroidism, including, but not limited to, Graves’ disease (DC
7900); manifesting as hypothyroidism, evaluate as hypothyroidism (DC 7903).
7907 Cushing’s syndrome:
As active, progressive disease, including areas of osteoporosis, hypertension, and proximal upper and lower extremity
muscle wasting that results in inability to rise from squatting position, climb stairs, rise from a deep chair without assistance, or raise arms ...................................................................................................................................................................
Proximal upper or lower extremity muscle wasting that results in inability to rise from squatting position, climb stairs, rise
from a deep chair without assistance, or raise arms ...............................................................................................................
With striae, obesity, moon face, glucose intolerance, and vascular fragility ...............................................................................
Note: The evaluations specifically indicated under this diagnostic code shall continue for six months following initial diagnosis. After six months, rate on residuals under the appropriate diagnostic code(s) within the appropriate body system(s).
7908 Acromegaly:
Evidence of increased intracranial pressure (such as visual field defect), arthropathy, glucose intolerance, and either hypertension or cardiomegaly ............................................................................................................................................................
Arthropathy, glucose intolerance, and hypertension ....................................................................................................................
Enlargement of acral parts or overgrowth of long bones ............................................................................................................
7909 Diabetes insipidus:
For three months after initial diagnosis ........................................................................................................................................
Note: Thereafter, if Diabetes insipidus has subsided, rate residuals under the appropriate diagnostic code(s) within the appropriate body system.
With persistent polyuria or requiring continuous hormonal therapy ............................................................................................
7911 Addison’s disease (adrenalcortical insufficiency):
Four or more crises during the past year ....................................................................................................................................
Three crises during the past year, or; five or more episodes during the past year ....................................................................
One or two crises during the past year, or; two to four episodes during the past year, or; weakness and fatigability, or;
corticosteroid therapy required for control ................................................................................................................................
Note (1): An Addisonian ‘‘crisis’’ consists of the rapid onset of peripheral vascular collapse (with acute hypotension and
shock), with findings that may include: anorexia; nausea; vomiting; dehydration; profound weakness; pain in abdomen,
legs, and back; fever; apathy, and depressed mentation with possible progression to coma, renal shutdown, and death.
Note (2): An Addisonian ‘‘episode,’’ for VA purposes, is a less acute and less severe event than an Addisonian crisis and
may consist of anorexia, nausea, vomiting, diarrhea, dehydration, weakness, malaise, orthostatic hypotension, or hypoglycemia, but no peripheral vascular collapse.
Note (3): Tuberculous Addison’s disease will be evaluated as active or inactive tuberculosis. If inactive, these evaluations
are not to be combined with the graduated ratings of 50 percent or 30 percent for non-pulmonary tuberculosis specified
under § 4.88b. Assign the higher rating.
7912 Polyglandular syndrome (multiple endocrine neoplasia, autoimmune polyglandular syndrome):
Evaluate according to major manifestations to include, but not limited to, Type I diabetes mellitus, hyperthyroidism,
hypothyroidism, hypoparathyroidism, or Addison’s disease.
7913 Diabetes mellitus
Requiring more than one daily injection of insulin, restricted diet, and regulation of activities (avoidance of strenuous occupational and recreational activities) with episodes of ketoacidosis or hypoglycemic reactions requiring at least three hospitalizations per year or weekly visits to a diabetic care provider, plus either progressive loss of weight and strength or
complications that would be compensable if separately evaluated .........................................................................................
Requiring one or more daily injection of insulin, restricted diet, and regulation of activities with episodes of ketoacidosis or
hypoglycemic reactions requiring one or two hospitalizations per year or twice a month visits to a diabetic care provider,
plus complications that would not be compensable if separately evaluated ...........................................................................
Requiring one or more daily injection of insulin, restricted diet, and regulation of activities ......................................................
Requiring one or more daily injection of insulin and restricted diet, or; oral hypoglycemic agent and restricted diet ................
Manageable by restricted diet only ..............................................................................................................................................
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Rating
Note (1): Evaluate compensable complications of diabetes separately unless they are part of the criteria used to support a
100 percent evaluation. Noncompensable complications are considered part of the diabetic process under DC 7913.
Note (2): When diabetes mellitus has been conclusively diagnosed, do not request a glucose tolerance test solely for rating
purposes.
7914 Neoplasm, malignant, any specified part of the endocrine system
Note: A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy or
other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be
determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination
shall be subject to the provisions of § 3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate
on residuals.
7915 Neoplasm, benign, any specified part of the endocrine system:
Rate as residuals of endocrine dysfunction.
7916 Hyperpituitarism (prolactin secreting pituitary dysfunction):
Note: Evaluate as malignant or benign neoplasm, as appropriate.
7917 Hyperaldosteronism (benign or malignant):
Note: Evaluate as malignant or benign neoplasm, as appropriate.
7918 Pheochromocytoma (benign or malignant):
Note: Evaluate as malignant or benign neoplasm as appropriate.
7919 C-cell hyperplasia of the thyroid:
If antineoplastic therapy is required, evaluate as a malignant neoplasm under DC 7914. If a prophylactic thyroidectomy is
performed (based upon genetic testing) and antineoplastic therapy is not required, evaluate as hypothyroidism under DC
7903.
(Authority: 38 U.S.C. 1155)
3. Amend appendix A to part 4 by
revising the entries for Secs. §§ 4.104
and 4.119 to read as follows:
100
Appendix A to Part 4—Table of
Amendments and Effective Dates Since
1946
■
Diagnostic
code No.
Sec.
*
*
*
*
*
Evaluation July 6, 1950; evaluation September 22, 1978; evaluation January 12, 1998.
*
*
7000
*
*
*
*
Evaluation January 12, 1998; evaluation [effective date of final rule].
*
*
7008
4.104
*
*
4.119
7900
7901
7902
7903
7904
7905
7906
7907
7908
srobinson on DSK5SPTVN1PROD with PROPOSALS
7909
7910
7911
7912
7913
7914
7915
7916
7917
7918
7919
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*
*
*
*
*
Criterion August 13, 1981; evaluation June 9, 1996; title [effective date of final rule]; evaluation [effective date of final
rule]; criterion [effective date of final rule]; note [effective date of final rule].
Criterion August 13, 1981; evaluation June 9, 1996; title [effective date of final rule]; evaluation [effective date of final
rule]; criterion [effective date of final rule].
Evaluation August 13, 1981; criterion June 9, 1996; title [effective date of final rule]; evaluation [effective date of final
rule]; criterion [effective date of final rule]; note [effective date of final rule].
Criterion August 13, 1981; evaluation June 9, 1996; evaluation [effective date of final rule]; criterion [effective date of final
rule]; note [effective date of final rule].
Criterion August 13, 1981; evaluation June 9, 1996; evaluation [effective date of final rule]; criterion [effective date of final
rule]; note [effective date of final rule].
Evaluation; August 13, 1981; evaluation June 9, 1996; evaluation [effective date of final rule]; criterion [effective date of
final rule]; note [effective date of final rule]. Added [effective date of final rule].
Evaluation; August 13, 1981; evaluation June 9, 1996; criterion [effective date of final rule]; note [effective date of final
rule].
Criterion August 13, 1981; criterion June 9, 1996; criterion [effective date of final rule].
Evaluation August 13, 1981; criterion June 9, 1996; evaluation June 9, 1996; criterion [effective date of final rule]; note
[effective date of final rule].
Removed June 9, 1996.
Evaluation March 11, 1969; evaluation August 13, 1981; criterion June 9, 1996; title [effective date of final rule].
Title [effective date of final rule].
Criterion September 9, 1975; criterion August 13, 1981; criterion June 6, 1996; evaluation June 9, 1996; criterion
[effective date of final rule].
Criterion March 10, 1976; criterion August 13, 1981; criterion June 9, 1996.
Criterion June 9, 1996.
Added June 9, 1996.
Added June 9, 1996.
Added June 9, 1996.
Added June 9, 1996; evaluation June 9, 1996; criterion [effective date of final rule].
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Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules
4. Amend Appendix B to Part 4 by
revising the entries for diagnostic codes
■
7900, 7901, 7902, 7911, and adding
diagnostic code 7906 to read as follows:
Appendix B to Part 4—Numerical Index
of Disabilities
Diagnostic
code No.
*
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THE ENDOCRINE SYSTEM
7900 .........
7901 .........
7902 .........
Hyperthyroidism, including, but not limited to, Graves’ disease.
Thyroid enlargement, toxic.
Thyroid enlargement, nontoxic.
*
7906 .........
Thyroiditis.
*
7911 .........
7912 .........
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Addison’s disease (adrenocortical insufficiency).
Polyglandular syndrome (multiple endocrine neoplasia, autoimmune polyglandular syndrome).
*
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*
*
*
4. Amend appendix C by:
a. Adding entries for Graves’ disease.
Polyglandular syndrome and
Thyroiditis in alphabetical order; and
■ b. Revising the disability entry for
Thyroid gland. The additions and
revision read as follows:
■
■
Appendix C to Part 4—Alphabetical
Index of Disabilities
Diagnostic
code No.
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*
Graves’ disease ........................
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7900
*
*
*
*
Polyglandular syndrome ...........
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7912
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Thyroid gland
Nontoxic thyroid enlargement ...............................
Toxic thyroid enlargement
Thyroiditis .................................
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7902
7901
7906
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[FR Doc. 2015–16666 Filed 7–7–15; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
srobinson on DSK5SPTVN1PROD with PROPOSALS
40 CFR Part 52
[EPA–R09–OAR–2015–0164; FRL–9927–77–
Region 9]
Revisions to the California State
Implementation Plan, Feather River Air
Quality Management District
Environmental Protection
Agency (EPA).
AGENCY:
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Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Feather River Air
Quality Management District
(FRAQMD) portion of the California
State Implementation Plan (SIP).
Included in this approval are the
following three SIP demonstrations from
FRAQMD: 2006 Reasonably Available
Control Technology (RACT) Analysis for
State Implementation Plan (SIP),
November 2006; Reasonably Available
Control Technology State
Implementation Plan Revision Negative
Declaration for Control Techniques
Guidelines Issued 2006–2008, June 1,
2009; and Reasonably Available Control
Technology Analysis and Negative
Declarations, July 3, 2014. The first two
demonstrations address the 1997 8-hour
National Ambient Air Quality Standards
(NAAQS) for ozone, and the third
demonstration addresses the 2008 8hour NAAQS for ozone. The submitted
SIPs also contain negative declarations
for volatile organic compound (VOC)
source categories for the years 2006,
2009 and 2014. We are proposing to
approve the submitted SIP revisions
under the Clean Air Act as amended in
1990 (CAA or the Act). We are also
proposing to approve a local rule that
regulates gasoline dispending facilities.
DATES: Any comments on this proposal
must arrive by August 7, 2015.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2015–0164, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
SUMMARY:
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3. Mail or deliver: Andrew Steckel
(Air–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
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you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
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you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California 94105–3901. While all
documents in the docket are listed at
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E:\FR\FM\08JYP1.SGM
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Agencies
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Proposed Rules]
[Pages 39011-39020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16666]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 4
RIN 2900-AO44
Schedule for Rating Disabilities--The Endocrine System
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
[[Page 39012]]
SUMMARY: The Department of Veterans Affairs (VA) proposes to revise the
portion of the VA Schedule for Rating Disabilities (Rating Schedule)
that addresses the endocrine system. The intended effects of these
changes are to update medical terminology, add medical conditions not
currently in the Rating Schedule, revise the criteria to reflect
medical advances since the last revision in 1996, and clarify the
criteria.
DATES: Comments must be received by VA on or before September 8, 2015.
ADDRESSES: Written comments may be submitted through
www.Regulations.gov; by mail or hand-delivery to the Director,
Regulations Policy and Management (02REG), Department of Veterans
Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by
fax to (202) 273-9026. Comments should indicate that they are submitted
in response to ``RIN 2900-AO44-Schedule for Rating Disabilities--The
Endocrine System.'' Copies of comments received will be available for
public inspection in the Office of Regulation Policy and Management,
Room 1068, between the hours of 8:00 a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call (202) 461-4902 for an
appointment. (This is not a toll-free number.) In addition, during the
comment period, comments may be viewed online through the Federal
Docket Management System (FDMS) at www.Regulations.gov
FOR FURTHER INFORMATION CONTACT: Nick Olmos-Lau, M.D., FAAN, Medical
Officer, Compensation Service, Veterans Benefits Administration,
Department of Veterans Affairs, (211C) 810 Vermont Avenue NW.,
Washington, DC 20420, (202) 461-9700. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: As part of the ongoing revision of the VA
Schedule for Rating Disabilities (``Rating Schedule''), VA is proposing
changes to 38 CFR 4.119, Schedule of ratings-endocrine system. This
section was last updated in 1996. The endocrine system is made up of
multiple hormone-producing glands. Hormones are chemical messengers
that control the function of many body processes. While the actual
dysfunction occurs at the site of the gland, the signs and symptoms
manifest in the body systems on which the specific hormones act. For
diagnosis and acute management of endocrine diseases, medical
professionals focus on addressing the problem within the endocrine
system. However, the residual effects of an endocrine disease may
manifest within multiple body systems. Therefore, in general, VA
proposes specific criteria for the initial rating of endocrine diseases
within Sec. 4.119 to account for the unique functional impairments
associated with attempts to bring the condition under control. Once the
condition is effectively managed or has reached maximal medical
outcome, VA proposes to evaluate for the residual effects of disease
within the appropriate (adversely impacted) body system. For rating
clarity, the most commonly impacted systems would be referenced within
the specific diagnostic code (DC). By the revisions discussed herein,
VA aims to update medical terminology, add medical conditions not
currently in the Rating Schedule, revise the criteria to reflect
medical advances, and clarify the criteria.
In preparing this proposed revision, VA conducted a mini-summit in
Washington, DC, on December 2, 2009. VA also researched current medical
information and consulted with Veterans Health Administration (VHA)
subject matter experts.
DC 7900: Hyperthyroidism, Including, But Not Limited to, Graves'
Disease
VA proposes to update the title of DC 7900. Currently, this DC is
titled ``Hyperthyroidism.'' The most common cause of hyperthyroidism is
Graves' disease, an autoimmune disease that affects multiple organ
systems, including the eyes and skin. ``Hyperthyroidism (overactive
thyroid),'' Mayo Clinic, https://www.mayoclinic.com/health/hyperthyroidism/DS00344/DSECTION =causes. Given the prevalence of
hyperthyroidism due to Graves' Disease, VA proposes to explicitly
recognize Graves' disease under this DC by changing the title of DC
7900 from ``Hyperthyroidism'' to ``Hyperthyroidism, including, but not
limited to, Graves' disease.'' This is not a substantive change, but
simply an effort to increase rating efficiency. To account for less
common causes of hyperthyroidism not addressed by other DCs, VA does
not propose to limit this DC so that it is only applicable to Graves'
disease.
Hyperthyroidism refers to the excess synthesis or secretion of
thyroid hormone. Regardless of the specific cause, the symptoms
directly caused by excess thyroid hormone are the same. Therefore, VA
proposes to evaluate the disability associated with excess thyroid
hormone using a single set of rating criteria that reflects an earlier
diagnosis and current treatment options. Medical advances have
facilitated earlier diagnosis and treatment of hyperthyroidism.
Treatment is directed at symptom relief and includes antithyroid
medications, radioactive iodine therapy, and thyroidectomy (surgical
removal of the thyroid gland). Earlier treatment has decreased the
duration and severity of both acute and chronic symptoms of
hyperthyroidism, as well as its disabling residual effects. Therefore,
the existing evaluations of 100 and 60 percent for this condition are
no longer appropriate and VA proposes to no longer assign them.
In the majority of cases, by the time patients present with the
symptoms currently reflected in the criteria for a 30 percent
evaluation (tachycardia, tremor, and increased blood pressure or pulse
pressure), treatment is initiated. With treatment, these symptoms
generally resolve completely within three to six months. Therefore, VA
proposes to evaluate hyperthyroidism at 30 percent for six months after
initial diagnosis. Because symptoms generally resolve completely while
the 30 percent evaluation is applicable, VA also proposes to no longer
assign a 10 percent evaluation. To account for symptoms that do not
resolve completely within six months, VA proposes adding a directive
instructing VA personnel to ``rate residuals of disease or
complications of medical treatment . . . within the appropriate body
system.''
Since cardiovascular abnormalities are common in hyperthyroidism,
and some persist despite treatment with antithyroid medications, VA
proposes an alternative to the current approach which rates certain
cardiovascular manifestations within DC 7900 but refers VA personnel to
DC 7008 (hyperthyroid heart disease) if heart disease is the
predominant disability (see current Note (1)). Hyperthyroidism is
associated with a variety of cardiovascular problems including
tachycardia, systolic hypertension, cardiac arrhythmias particularly
atrial fibrillation, supraventricular tachycardia, congestive heart
failure or angina among others. See Faizel Osman et al.,
``Cardiovascular manifestations of hyperthyroidism before and after
antithyroid therapy,'' 49 (1) J. Am. College of Cardiology, 71-81
(2007). In order to address more specifically cardiovascular issues
related to hyperthyroidism, VA proposes to modify the existing Note (1)
to state that if cardiovascular or cardiac problems related to
hyperthyroidism are present separately evaluate under DC 7008.
In order to clarify a potentially confusing element in DC 7008 that
directs hyperthyroid heart disease to be part of the overall evaluation
of hyperthyroidism under DC 7900, VA
[[Page 39013]]
proposes to amend DC 7008 by directing that hyperthyroid heart disease
be rated under the appropriate cardiovascular diagnostic code,
depending on particular findings.
Currently, DC 7008 states that only when atrial fibrillation is
present hyperthyroidism may be evaluated either under DC 7900 or under
7010 (supraventricular arrhythmia), whichever results in a higher
evaluation. As described above, the potential cardiovascular conditions
related to hyperthyroidism are numerous and complex, and the current
approach limits the alternatives and precludes optimal assessment in
instances other than for atrial fibrillation.
Currently, Note (2) of DC 7900 states: ``If ophthalmopathy is the
sole finding, evaluate as field vision, impairment of (DC 6080);
diplopia (DC 6090); or impairment of central visual acuity (DC 6061-
6079).'' In the case of Graves' disease, which is evaluated under
proposed DC 7900, eye abnormalities can occur independently and in the
absence of hyperthyroidism. As such, it is not appropriate to limit
evaluation of such manifestations under either DC 7900 or an
appropriate DC within the eye body system. VA therefore proposes to
revise current Note (2) to read: Separately evaluate eye involvement
occurring as a manifestation of Graves' Disease as diplopia (DC 6090);
impairment of central visual acuity (DCs 6061-6066); or under the most
appropriate DCs in Sec. 4.79.
DC 7901: Thyroid Enlargement, Toxic
VA proposes to update the title of DC 7901 from ``Thyroid gland,
toxic adenoma of'' to ``Thyroid enlargement, toxic.'' When discussing
thyroid enlargement, ``toxic'' is the term used by the medical
community to indicate overactive thyroid function, also known as
hyperthyroidism. Currently, the rating criteria accompanying this DC
are identical to that accompanying current DC 7900. Therefore, rather
than repeating the criteria for hyperthyroidism, VA proposes Note (1)
to direct raters to evaluate toxic thyroid enlargement under proposed
DC 7900 (hyperthyroidism, including, but not limited to, Graves'
disease).
An enlarged thyroid may cause a visible swelling at the base of the
neck or thyroidectomy may result in disfigurement. To account for such
disfigurement, VA proposes Note (2) directing VA personnel: If
disfigurement of the neck is present due to thyroid disease or
enlargement, separately evaluate under DC 7800 (burn scar(s) of the
head, face, or neck; scar(s) of the head, face, or neck due to other
causes; or other disfigurement of the head, face, or neck).
DC 7902: Thyroid Enlargement, nontoxic
VA proposes to change the current title of DC 7902, ``Thyroid
gland, nontoxic adenoma of,'' to ``Thyroid enlargement, nontoxic.'' In
the context of thyroid function, ``nontoxic'' means that thyroid
function is normal.
Because thyroid function is normal, the disabling effects of
nontoxic thyroid enlargement are a result of disfigurement or pressure
on adjacent organs. A person with this condition may experience one or
both of these effects. However, under the current criteria an
evaluation may only be assigned for the more disabling effect.
Therefore, to better reflect the full impact of the condition, VA
proposes to amend the existing criteria to account for both effects
occurring simultaneously.
When the enlarged thyroid gland compresses adjacent organs, it may
produce symptoms due to pressure on anterior neck structures, including
the trachea (wheezing, cough), the esophagus (dysphagia), and the
recurrent laryngeal nerve (hoarseness). The severity of disabilities
related to pressure on adjacent organs is best evaluated under the
DC(s) within the appropriate body system. Therefore, VA proposes to
edit the current note under DC 7902, which would be proposed Note (1),
to clarify VA's intention to evaluate the symptoms due to pressure on
adjacent organs under the appropriate diagnostic code within the
appropriate body system and to delete the current phrase ``if doing so
would result in a higher evaluation than using this [DC].'' Currently,
DC 7902 provides a 20 percent evaluation when there is disfigurement of
the head or neck and a 0 percent evaluation when there is no such
disfigurement. Disfigurement due to an enlarged thyroid gland is not
defined in the existing criteria and, therefore, is subject to
individual interpretation. Objective criteria for evaluating
disfigurement of the neck already exist under DC 7800 (burn scar(s) of
the head, face, or neck; scar(s) of the head, face, or neck due to
other causes; or other disfigurement of the head, face, or neck).
Because this set of criteria covers all types of disfigurement of the
neck and provides a wider range of disability compensation, VA proposes
deletion of the current criteria and addition of proposed Note (2)
stating that disfigurement of the neck related to nontoxic thyroid
enlargement should be evaluated under DC 7800.
The proposed notes read as follows: ``Note (1): Evaluate symptoms
due to pressure on adjacent organs (such as the trachea, larynx, or
esophagus) under the appropriate diagnostic code(s) within the
appropriate body system.'' ``Note (2): If disfigurement of the neck is
present due to thyroid disease or enlargement, separately evaluate
under DC 7800 (burn scar(s) of the head, face, or neck; scar(s) of the
head, face, or neck due to other causes; or other disfigurement of the
head, face, or neck).''
DC 7903: Hypothyroidism
Hypothyroidism is currently evaluated at levels of 100, 60, 30, and
10 percent. Severe hypothyroidism is characterized by myxedema (coma or
crisis), a life-threatening form of hypothyroidism found predominantly
in undiagnosed or undertreated individuals that requires inpatient
hospitalization for stabilization. Medical advances in the diagnosis
and treatment of hypothyroidism have decreased the incidence of
myxedema to the point that myxedema coma occurs in only 0.1 percent of
all cases of hypothyroidism. Erik D Schraga, MD, ``Hypothyroidism and
Myxedema Coma in Emergency Medicine,'' Medscape Reference (Mar. 29,
2012), https://emedicine.medscape.com/article/768053-overview. Symptoms
of myxedema are currently evaluated at 100 and 60 percent. However,
given the severity of the condition, a 60 percent evaluation is
insufficient. Therefore, VA proposes a 100 percent evaluation for all
instances of hypothyroidism with myxedema. VA proposes to add a note to
provide: ``This evaluation shall continue for six months beyond the
date that an examining physician has determined crisis stabilization.
Thereafter, the residual effects of hypothyroidism shall be rated under
the appropriate diagnostic code(s) within the appropriate body
system(s) (e.g., eye, digestive, and mental disorders).''
Medical management of hypothyroidism, in the absence of myxedema,
results in improvement of laboratory values within a few weeks.
However, alleviation of other clinical symptoms may take up to six
months to resolve. See Bijay Vaidya, ``Management of Hypthyroidism,''
BMJ 337:a801 (2008). Therefore, VA proposes to evaluate hypothyroidism
in the absence of myxedema at 30 percent for six months after initial
diagnosis and would explain this in a note that would also provide
that, thereafter, the residual effects of hypothyroidism shall be rated
under the most appropriate diagnostic code(s) within the appropriate
body
[[Page 39014]]
system(s) (e.g., eye, digestive, and mental disorders).
VA also proposes to add a note to provide that eye involvement
associated with hypothyroidism would also be evaluated under Sec.
4.79. Specifically, the proposed note reads: ``If eye involvement, such
as exophthalmos, corneal ulcer, blurred vision, or diplopia, is also
present due to thyroid disease, also separately evaluate under
appropriate diagnostic code(s) in Sec. 4.79, Schedule of Ratings--Eye
(such as diplopia (DC 6090) or impairment of central visual acuity (DCs
6061-6066)).''
DC 7904: Hyperparathyroidism
Hyperparathyroidism, DC 7904, is currently evaluated at levels of
100, 60, and 10 percent. Due to increased routine laboratory testing,
hyperparathyroidism is usually diagnosed before patients develop severe
disease and often before any signs or symptoms, such as kidney stones,
gastrointestinal problems or weakness, are present. John I. Lew,
``Surgical Management of Primary Hyperparathyroidism: State of the
Art,'' 89 Surgical Clinics of N. Am. 1205-25 (2009);
``Hyperparathyroidism,'' Mayo Clinic, https://www.mayoclinic.com/health/hyperparathyroidism/DS00396. Therefore, the existing criteria for
evaluations at the 100 and 60 percent rating are no longer appropriate,
and VA proposes revision of all the criteria consistent with medical
advances.
Individuals diagnosed with hyperparathyroidism, but without
symptoms (asymptomatic), require annual monitoring of their serum
calcium levels and creatinine clearance (renal function). Bone density
monitoring is also required every one to two years. These tests help
medical professionals monitor the progression of the disease and to
determine when surgery is necessary. Therefore, VA proposes to evaluate
asymptomatic hyperparathyroidism at 0 percent.
Individuals with mild hyperparathyroidism may develop symptoms of
hypercalcemia before surgery is determined to be necessary. Even after
surgery, mild symptoms may persist. Therefore, VA proposes a 10 percent
evaluation for the presence of symptoms, such as fatigue, anorexia,
nausea, or constipation, despite surgery or in subjects deemed not to
be candidates for surgery who require continuous medications for
control.
Potential complications of hyperparathyroidism include gastric
ulcers, kidney stones, decrease kidney function, and decreased bone
mass associated with fragility fractures. Early intervention through
laboratory monitoring generally prevents these complications. An
increase in serum calcium, decreases in creatinine clearance, and
decreases in bone density are used as laboratory indicators for the
worsening of disease and evaluation for surgical intervention.
Therefore, VA proposes a 60 percent evaluation for hypercalcemia
indicated by at least one of the following: Total Ca greater than 12mg/
dL (3-3.5 mmol/L), Ionized Ca greater than 5.6 mg/dL (2-2.5 mmol/L),
creatinine clearance less than 60 mL/min, bone mineral density T-score
less than 2.5 (SD below mean) at any site or previous fragility
fracture). Because these findings indicate that surgical or
pharmacologic intervention is warranted and such intervention usually
resolves symptoms, VA proposes that the 60 percent evaluation shall
continue until such intervention occurs. If surgery is not indicated,
the 60 percent evaluation would continue for 6 months after
pharmacological treatment begins. After six months, rating would be
based on residuals under the appropriate diagnostic code(s) within the
appropriate body system based on examination.
Parathyroidectomy is the treatment of choice for symptomatic
hyperparathyroidism. Therefore, VA proposes a 100 percent evaluation
for six months after surgical intervention for hyperparathyroidism and
thereafter, an evaluation based on the residuals of hyperparathyroidism
or medical treatment under the appropriate diagnostic code(s) within
the appropriate body system.
VA proposes to amend the current note under DC 7904 by numbering
the note as proposed Note (4) and clarifying that the residuals of
hyperparathyroidism are to be rated under the appropriate DC. The
current note reads: ``Following surgery or treatment, evaluate as
digestive, skeletal, renal, or cardiovascular residuals or as endocrine
dysfunction.'' The proposed Note (4) reads: ``Following surgery or
other treatment, evaluate chronic residuals, such as nephrolithiasis
(kidney stones), decreased renal function, fractures, vision problems,
and cardiovascular complications, under the appropriate diagnostic
codes.''
DC 7905: Hypoparathyroidism
Parathyroid hormone controls the balance of calcium in the body.
When there is not enough of this hormone, the condition is known as
hypoparathyroidism. The predominant symptoms of hypoparathyroidism is
neuromuscular irritability, including, but not limited to, paresthesias
(tingling and numbness involving fingertips, toes, or perioral area),
hyperirritability, fatigue, anxiety, mood swings and/or personality
disturbances, seizures, hoarseness (due to laryngospasm), wheezing and
dyspnea (due to bronchospasm), muscle cramps, and electrolyte
imbalances (hypomagnesemia, hypokalemia, and alkalosis).
Currently, evaluations are assigned based on some of these
symptoms. However, because many of the symptoms of parathyroid hormone
deficiency are caused by an imbalance of calcium in the body (decreased
extracellular ionized calcium levels and hypocalcemia), when
hypoparathyroidism is treated with calcium and vitamin D
supplementation, the symptoms are generally eliminated. Paul
Fitzgerald, ``Chapter 26. Endocrine Disorders'' (2014), https://accessmedicine.mhmedical.com/content.aspx?bookid=330&Sectionid=44291028. Therefore, VA proposes new
evaluation criteria that account for this treatment. Specifically, VA
proposes a 100 percent evaluation for three months after initial
diagnosis and, thereafter, to rate residual effects, such as
nephrolithiasis (kidney stones), cataracts, decreased renal function,
and congestive heart failure under the appropriate DCs.
New DC 7906: Thyroiditis
VA proposes to add a new DC for thyroiditis, which is inflammation
of the thyroid gland. The condition most often results from an
autoimmune disease (known as Hashimoto's thyroiditis), where the immune
system attacks the thyroid gland.
However, regardless of the specific cause, thyroiditis may manifest
as hyperthyroidism, hypothyroidism, or with no change in thyroid
function. Because hyperthyroidism and hypothyroidism would be addressed
in the Rating Schedule as proposed DCs 7900 and 7903, respectively, VA
proposes a note to clarify that these manifestations be rated under
those DCs.
While thyroiditis may also be present in a person with normal
thyroid function, because thyroiditis increases the likelihood of
developing hyperthyroidism or hypothyroidism, the thyroid function of
these individuals must be monitored. This factor is not currently
accounted for in the Rating Schedule. Therefore, for these individuals,
VA proposes that a 0 percent evaluation for asymptomatic thyroiditis be
associated with this DC.
[[Page 39015]]
DC 7907: Cushing's Syndrome
Cushing's syndrome is the result of prolonged elevation in the
amount of glucocorticoid in the body. The severity of the signs and
symptoms is determined by the duration and level of glucocorticoid
exposure.
Currently, evaluations for Cushing's syndrome are assigned based in
part on enlargement of the adrenal gland (which produces these
hormones) and the pituitary gland (which produces hormones that trigger
the adrenal gland). However, glandular enlargement is not indicative of
disease severity. Exogenous glucocorticoid exposure (the intake of
glucocorticoids), the most common cause of Cushing's syndrome, does not
involve enlargement of the pituitary or adrenal glands. Therefore, VA
proposes to delete the requirement for the presence of enlargement of
the pituitary or adrenal gland as one of the criteria required for 100
and 60 percent evaluations.
The muscle weakness associated with Cushing's syndrome is a result
of proximal muscle wasting and weakness caused by excess glucocorticoid
hormones. This muscle wasting results in the inability to rise from a
squatting position without assistance, and, in more severe cases, the
inability to climb stairs or get up from a deep chair. Lynnette K.
Nieman, MD, ``Epidemiology and clinical manifestations of Cushing's
syndrome'' UpToDate (Oct. 22, 2013), https://www.uptodate.com/contents/epidemiology-and-clinical-manifestations-of-cushings-syndrome. To
clarify the criteria for 100 and 60 percent evaluations, VA proposes to
replace ``loss of muscle strength'' with the more specific criteria of
``proximal upper and lower extremity muscle wasting that results in
inability to rise from squatting position, climb stairs, rise from a
deep chair without assistance, or raise arms.'' VA also proposes to
remove ``weakness'' from the list of criteria for a 100 percent
evaluation because it is already captured with language replacing
``loss of muscle strength.'' With these proposed modifications, a 100
percent evaluation would be assigned for Cushing's syndrome if there is
``active, progressive disease, including areas of osteoporosis,
hypertension, and proximal upper and lower extremity muscle wasting
that results in inability to rise from a squatting position, climb
stairs, rise from a deep chair without assistance, or raise arms.''
Similarly, VA proposes a 60 percent evaluation for Cushing's syndrome
if there is ``[p]roximal upper or lower extremity muscle wasting that
results in inability to rise from a squatting position, climb stairs,
rise from a deep chair without assistance, or raise arms.'' VA proposes
no change to the current 30 percent evaluation criteria.
The treatment for Cushing's syndrome is determined by the
glucocorticoid source. Endogenous hypercortisolism (overproduction of
glucocorticoid hormones by the adrenal gland) is treated by surgical
removal of the adrenal gland, medical adrenalectomy, surgical resection
of a pituitary tumor, or radiation therapy of the pituitary gland.
Exogenous hypercortisolism is treated via gradual reduction of the
outside source, such as corticosteroid medications. Because early
medical intervention has decreased the complications associated with
Cushing's syndrome, VA proposes evaluations for Cushing's syndrome at
the 100, 60, or 30 percent level for six months after initial
diagnosis. Because treatment may not completely eliminated
complications or may itself be associated with complications, after six
months, VA proposes to rate residuals such as adrenal insufficiency,
cardiovascular, psychiatric, skin, or skeletal complications under the
appropriate diagnostic code(s) within the appropriate body system.
Therefore, VA proposes to amend the note following DC 7907 to reflect
the above proposed changes.
DC 7908: Acromegaly
Acromegaly, DC 7908, is a condition in which the pituitary gland
produces excess growth hormone, usually due to a benign tumor. The
excessive amount of hormone results in enlargement of various body
tissues, including bone. Acromegaly is currently evaluated at levels of
100, 60, and 30 percent. VA proposes no changes in the evaluation
criteria for the 100 and 60 percent levels. The current 30 percent
evaluation criteria for acromegaly require that there be enlargement of
acral parts or overgrowth of long bones, and an enlarged sella turcica
(the depression at the base of the skull where the pituitary gland is
located). VA proposes to remove ``enlarged sella turcica'' as one of
the required criteria. Although acromegaly is generally due to a
pituitary tumor (which commonly results in enlargement of the sella
turcica), it occasionally arises from causes that do not produce an
enlarged sella turcica. Further, enlargement of the sella turcica is
not an indicator of the severity of the condition. Therefore, it is not
appropriate to retain ``enlarged sella turcica'' as a required
criterion, and VA proposes to remove it.
DC 7909: Diabetes Insipidus
Inadequate secretion of or a resistance to antidiuretic hormone
(ADH) is the cause of diabetes insipidus (DI). ADH limits the amount of
water that the kidneys allow to leave the body. A lack of or resistance
to ADH causes excessive excretion of free water. This disease is
characterized by polyuria (frequent urination), polydipsia (excessive
thirst), and nocturia (frequent night time urination). Without
treatment, dehydration and bladder enlargement commonly result. If
treated, diabetes insipidus does not cause severe problems or a
reduction in life expectancy. See Goldman's Cecil Medicine Chapter 232
(24th ed. 2011). The prognosis for this disease is excellent, because
it is frequently transient and there are excellent medications with
different means of administration to treat the condition on a chronic
basis if this condition becomes permanent. Most individuals, even in
emergency situations, can replace urine loss with increased fluid
intake. Therefore, the reliance in the current criteria on the need for
parenteral (IV) hydration is no longer appropriate, and VA proposes
deletion of the current criteria.
In its place, in order to allow the condition to become stabilized
and to determine if the condition is transient or becoming permanent,
VA proposes a 30 percent evaluation for three months after the initial
diagnosis. Once the condition is stabilized, the need for long term
medication can be assessed. Many patients are able to control their
condition with oral or trans-nasal medication, while others require
parenteral treatment (when oral or trans-nasal medications are either
not tolerable or effective). Therefore, VA proposes a reevaluation of
diabetes insipidus after the three month period. If DI has subsided, VA
would rate any residuals under the appropriate diagnostic code(s)
within the appropriate body system. For those DI cases with persistent
polyuria or requiring continuous hormonal therapy, VA proposes a 10
percent rating.
DC 7911: Addison's Disease (Adrenocortical Insufficiency)
The medical community has shifted from the term ``adrenal cortical
hypofunction'' to the term ``adrenocortical insufficiency.'' Therefore,
for clarity and consistency with current medical terminology, VA
proposes to retitle this DC ``Addison's disease (adrenocortical
insufficiency).'' VA does not propose changes to the
[[Page 39016]]
rating criteria and notes associated with this DC.
DC 7912: Polyglandular Syndrome (Multiple Endocrine Neoplasia,
Autoimmune Polyglandular Syndrome)
``Pluriglandular syndrome'' refers, not to a single condition, but
to a group of conditions that impact multiple glands in the body.
Therefore, a person is likely to be given a more specific diagnosis,
rather than one with this general term. Therefore, VA proposes to
include the most common forms of the condition in the title of the DC.
Also, over time, the medical community has shifted from the term
``pluriglandular'' to ``polyglandular'' when referring to this
condition. Therefore, to better reflect the terminology currently
associated with the condition, VA proposes to update the title of DC
7912 to ``Polyglandular syndrome (multiple endocrine neoplasia,
autoimmune polyglandular syndrome).'' The current guidance for
evaluation is to evaluate according to major manifestations. VA
proposes to revise the guidance to include some of the common
manifestations of the syndrome. The proposed guidance reads: ``Evaluate
according to major manifestations to include, but not limited to, Type
I diabetes mellitus, hyperthyroidism, hypothyroidism,
hypoparathyroidism, or Addison's disease.''
DC 7913: Diabetes Mellitus
Diabetes mellitus is a complex condition that impacts individuals
in a variety of ways. At this time, VA proposes only one clarifying
amendment to this DC. VA proposes to clarify that the rating criteria
for a 20, 40, or 60 percent rating require ``one or more daily
injection'' of insulin. This clarifying amendment is not a substantive
change but rather a clarification of VA's interpretation of this DC
that an injection of insulin is required to achieve a 20, 40, 60, or
100 percent rating. To ensure that the full range of relevant factors
is adequately addressed, VA is not proposing to amend the remaining
rating criteria pertaining to this DC at this time. Rather, VA intends
to establish a work group to specifically address this condition. Upon
consideration of the work group's findings, VA will determine whether
amendments to the remaining existing criteria are necessary and such
amendments, if any, will be addressed in a future proposal.
DC 7914: Neoplasm, Malignant, Any Specified Part of the Endocrine
System
VA proposes no changes at this time.
DC 7915: Neoplasm, Benign, Any Specified Part of the Endocrine System
VA proposes to retain the existing direction to rate this condition
based on residuals of endocrine dysfunction, but separate the rating
direction from the title of DC 7915.
DC 7916: Hyperpituitarism (Prolactin Secreting Pituitary Dysfunction)
The existing note regarding the evaluation of this condition also
applies to DCs 7917 and 7918 and is given after DC 7918. Therefore, it
can be overlooked with regard to the other DCs. Therefore, VA proposes
to include the same note regarding the evaluation of each condition
directly under each DC and to amend the current note to reflect the
proposed change. The conditions would all continue to be evaluated as
malignant or benign neoplasm, as appropriate, so no substantive change
is being made.
DC 7917: Hyperaldosteronism (Benign or Malignant)
See discussion of DC 7916.
DC 7918: Pheochromocytoma (Benign or Malignant)
See discussion of DC 7916.
DC 7919: C-cell Hyperplasia of the Thyroid
Currently, this condition is rated in the same way as a malignant
neoplasm. However, this does not adequately address all potential
manifestations of this condition. Therefore, VA proposes to replace the
existing note with one that provides as follows: ``If antineoplastic
therapy is required, evaluate as a malignant neoplasm under DC 7914. If
a prophylactic thyroidectomy is performed (based upon genetic testing)
and antineoplastic therapy is not required, evaluate as hypothyroidism
under DC 7903.'' These changes are in keeping with current medical
information about C-cell hyperplasia.
Technical Amendments
VA also proposes several technical amendments. We would add a
citation reference to 38 U.S.C. 1155 at the end of Sec. 4.119, and we
would update Appendix A, B, and C of part 4 to reflect the above noted
proposed amendments.
Paperwork Reduction Act
This proposed rule contains no provisions constituting a collection
of information under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3521).
Regulatory Flexibility Act
The Secretary hereby certifies that this proposed rule would not
have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act (5
U.S.C. 601-612). This proposed rule would directly affect only
individuals and would not directly affect small entities. Therefore,
pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the initial
and final regulatory flexibility analysis requirements of sections 603
and 604.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action'' requiring review by the Office of
Management and Budget (OMB), unless OMB waives such review, as ``any
regulatory action that is likely to result in a rule that may: (1) Have
an annual effect on the economy of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities; (2)
Create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; (3) Materially alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or (4) Raise novel legal
or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.''
The economic, interagency, budgetary, legal, and policy
implications of this regulatory action have been examined, and it has
been determined to be a significant regulatory action under Executive
Order 12866 because it is likely to result in a rule that may raise
novel policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order. VA's
impact
[[Page 39017]]
analysis can be found as a supporting document at https://www.regulations.gov, usually within 48 hours after the rulemaking
document is published. Additionally, a copy of this rulemaking and its
impact analysis are available on VA's Web site at https://www.va.gov/orpm/, by following the link for ``VA Regulations Published From FY
2004 Through Fiscal Year to Date.''
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This proposed rule would have no such
effect on State, local, and tribal governments, or on the private
sector.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers and titles for
the programs affected by this document are 64.104, Pension for Non-
Service-Connected Disability for Veterans, and 64.109, Veterans
Compensation for Service-Connected Disability.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Robert L.
Nabors, II, Chief of Staff, approved this document on June 30, 2015,
for publication.
List of Subjects in 38 CFR Part 4
Disability benefits, Pensions, Veterans.
Dated: July 1, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy & Management, Office of
the General Counsel, Department of Veterans Affairs.
For the reasons set out in the preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part 4 as set forth below:
PART 4--SCHEDULE FOR RATING DISABILITIES
Subpart B--Disability Ratings
0
1. The authority citation for part 4 continues to read as follows:
Authority: 38 U.S.C. 1155, unless otherwise noted.
0
2. Amend Sec. 4.104 by revising the entry for 7008 to read as follows:
Sec. 4.104 Schedule of ratings--cardiovascular system.
Diseases of the Heart
------------------------------------------------------------------------
Rating
------------------------------------------------------------------------
* * * * *
7008 Hyperthyroid heart disease.
Rate under the appropriate
cardiovascular diagnostic code,
depending on particular findings.
* * * * *
------------------------------------------------------------------------
0
3. Section 4.119 is revised to read as follows:
The Endocrine System
Sec. 4.119 Schedule of ratings--endocrine system.
------------------------------------------------------------------------
Rating
------------------------------------------------------------------------
7900 Hyperthyroidism, including, but not limited to,
Graves' disease:
For six months after initial diagnosis.............. 30
Thereafter, rate residuals of disease or
complications of medical treatment within the
appropriate diagnostic code(s) within the
appropriate body system.
Note (1): If hyperthyroid cardiovascular or cardiac
disease is present, separately evaluate under DC
7008 (hyperthyroid heart disease).
Note (2): Separately evaluate eye involvement
occurring as a manifestation of Graves' Disease as
diplopia (DC 6090); impairment of central visual
acuity (DCs 6061-6066); or under the most
appropriate DCs in Sec. 4.79.
7901 Thyroid enlargement, toxic.
Note (1): Evaluate symptoms of hyperthyroidism under
DC 7900, hyperthyroidism, including, but not
limited to, Graves' disease.
Note (2): If disfigurement of the neck is present
due to thyroid disease or enlargement, separately
evaluate under DC 7800 (burn scar(s) of the head,
face, or neck; scar(s) of the head, face, or neck
due to other causes; or other disfigurement of the
head, face, or neck).
7902 Thyroid enlargement, nontoxic:
Note (1): Evaluate symptoms due to pressure on
adjacent organs (such as the trachea, larynx, or
esophagus) under the appropriate diagnostic code(s)
within the appropriate body system.
Note (2): If disfigurement of the neck is present
due to thyroid disease or enlargement, separately
evaluate under DC 7800 (burn scar(s) of the head,
face, or neck; scar(s) of the head, face, or neck
due to other causes; or other disfigurement of the
head, face, or neck).
7903 Hypothyroidism:
Hypothyroidism manifesting as myxedema (cold 100
intolerance, muscular weakness, cardiovascular
involvement (including, but not limited to
hypotension, bradycardia, and pericardial
effusion), and mental disturbance (including, but
not limited to dementia, slowing of thought and
depression)).......................................
Note (1): This evaluation shall continue for six
months beyond the date that an examining physician
has determined crisis stabilization. Thereafter,
the residual effects of hypothyroidism shall be
rated under the appropriate diagnostic code(s)
within the appropriate body system(s) (e.g., eye,
digestive, and mental disorders).
Hypothyroidism without myxedema..................... 30
Note (2): This evaluation shall continue for six
months after the initial diagnosis. Thereafter,
rate residuals of disease or medical treatment
under the most appropriate diagnostic code(s)under
the appropriate body system (e.g., eye, digestive,
mental disorders).
Note (3): If eye involvement, such as exophthalmos,
corneal ulcer, blurred vision, or diplopia, is also
present due to thyroid disease, also separately
evaluate under the appropriate diagnostic code(s)
in Sec. 4.79, Schedule of Ratings--Eye (such as
diplopia (DC 6090) or impairment of central visual
acuity (DCs 6061-6066)).
[[Page 39018]]
7904 Hyperparathyroidism
For six months from date of discharge following 100
surgery............................................
Note (1): After six months, rate on residuals under
the appropriate diagnostic code(s) within the
appropriate body system(s) based on a VA
examination.
Hypercalcemia (indicated by at least one of the 60
following: Total Ca greater than 12mg/dL (3-3.5
mmol/L), Ionized Ca greater than 5.6 mg/dL (2-2.5
mmol/L), creatinine clearance less than 60 mL/min,
bone mineral density T-score less than 2.5 SD
(below mean) at any site or previous fragility
fracture)
Note (2): Where surgical intervention is indicated,
this evaluation shall continue until the day of
surgery, at which time the provisions pertaining to
a 100 percent evaluation shall apply.
Note (3): Where surgical intervention is not
indicated, this evaluation shall continue for six
months after pharmacologic treatment begins. After
six months, rate on residuals under the appropriate
diagnostic code(s) within the appropriate body
system(s) based on a VA examination.
Symptoms such as fatigue, anorexia, nausea, or 10
constipation that occur despite surgery; or in
individuals who are not candidates for surgery but
require continuous medication for control..........
Asymptomatic........................................ 0
Note (4): Following surgery or other treatment,
evaluate chronic residuals, such as nephrolithiasis
(kidney stones), decreased renal function,
fractures, vision problems, and cardiovascular
complications, under the appropriate diagnostic
codes.
7905 Hypoparathyroidism:
For three months after initial diagnosis............ 100
Thereafter, evaluate chronic residuals, such as
nephrolithiasis (kidney stones), cataracts,
decreased renal function, and congestive heart
failure under the appropriate diagnostic codes.
7906 Thyroiditis
With normal thyroid function (euthyroid)............ 0
Note: Manifesting as hyperthyroidism, evaluate as
hyperthyroidism, including, but not limited to,
Graves' disease (DC 7900); manifesting as
hypothyroidism, evaluate as hypothyroidism (DC
7903).
7907 Cushing's syndrome:
As active, progressive disease, including areas of 100
osteoporosis, hypertension, and proximal upper and
lower extremity muscle wasting that results in
inability to rise from squatting position, climb
stairs, rise from a deep chair without assistance,
or raise arms......................................
Proximal upper or lower extremity muscle wasting 60
that results in inability to rise from squatting
position, climb stairs, rise from a deep chair
without assistance, or raise arms..................
With striae, obesity, moon face, glucose 30
intolerance, and vascular fragility................
Note: The evaluations specifically indicated under
this diagnostic code shall continue for six months
following initial diagnosis. After six months, rate
on residuals under the appropriate diagnostic
code(s) within the appropriate body system(s).
7908 Acromegaly:
Evidence of increased intracranial pressure (such as 100
visual field defect), arthropathy, glucose
intolerance, and either hypertension or
cardiomegaly.......................................
Arthropathy, glucose intolerance, and hypertension.. 60
Enlargement of acral parts or overgrowth of long 30
bones..............................................
7909 Diabetes insipidus:
For three months after initial diagnosis............ 30
Note: Thereafter, if Diabetes insipidus has
subsided, rate residuals under the appropriate
diagnostic code(s) within the appropriate body
system.
With persistent polyuria or requiring continuous 10
hormonal therapy...................................
7911 Addison's disease (adrenalcortical insufficiency):
Four or more crises during the past year............ 60
Three crises during the past year, or; five or more 40
episodes during the past year......................
One or two crises during the past year, or; two to 20
four episodes during the past year, or; weakness
and fatigability, or; corticosteroid therapy
required for control...............................
Note (1): An Addisonian ``crisis'' consists of the
rapid onset of peripheral vascular collapse (with
acute hypotension and shock), with findings that
may include: anorexia; nausea; vomiting;
dehydration; profound weakness; pain in abdomen,
legs, and back; fever; apathy, and depressed
mentation with possible progression to coma, renal
shutdown, and death.
Note (2): An Addisonian ``episode,'' for VA
purposes, is a less acute and less severe event
than an Addisonian crisis and may consist of
anorexia, nausea, vomiting, diarrhea, dehydration,
weakness, malaise, orthostatic hypotension, or
hypoglycemia, but no peripheral vascular collapse.
Note (3): Tuberculous Addison's disease will be
evaluated as active or inactive tuberculosis. If
inactive, these evaluations are not to be combined
with the graduated ratings of 50 percent or 30
percent for non-pulmonary tuberculosis specified
under Sec. 4.88b. Assign the higher rating.
7912 Polyglandular syndrome (multiple endocrine
neoplasia, autoimmune polyglandular syndrome):
Evaluate according to major manifestations to
include, but not limited to, Type I diabetes
mellitus, hyperthyroidism, hypothyroidism,
hypoparathyroidism, or Addison's disease.
7913 Diabetes mellitus
Requiring more than one daily injection of insulin, 100
restricted diet, and regulation of activities
(avoidance of strenuous occupational and
recreational activities) with episodes of
ketoacidosis or hypoglycemic reactions requiring at
least three hospitalizations per year or weekly
visits to a diabetic care provider, plus either
progressive loss of weight and strength or
complications that would be compensable if
separately evaluated...............................
Requiring one or more daily injection of insulin, 60
restricted diet, and regulation of activities with
episodes of ketoacidosis or hypoglycemic reactions
requiring one or two hospitalizations per year or
twice a month visits to a diabetic care provider,
plus complications that would not be compensable if
separately evaluated...............................
Requiring one or more daily injection of insulin, 40
restricted diet, and regulation of activities......
Requiring one or more daily injection of insulin and 20
restricted diet, or; oral hypoglycemic agent and
restricted diet....................................
Manageable by restricted diet only.................. 10
[[Page 39019]]
Note (1): Evaluate compensable complications of
diabetes separately unless they are part of the
criteria used to support a 100 percent evaluation.
Noncompensable complications are considered part of
the diabetic process under DC 7913.
Note (2): When diabetes mellitus has been
conclusively diagnosed, do not request a glucose
tolerance test solely for rating purposes.
7914 Neoplasm, malignant, any specified part of the 100
endocrine system
Note: A rating of 100 percent shall continue beyond
the cessation of any surgical, X-ray,
antineoplastic chemotherapy or other therapeutic
procedure. Six months after discontinuance of such
treatment, the appropriate disability rating shall
be determined by mandatory VA examination. Any
change in evaluation based upon that or any
subsequent examination shall be subject to the
provisions of Sec. 3.105(e) of this chapter. If
there has been no local recurrence or metastasis,
rate on residuals.
7915 Neoplasm, benign, any specified part of the
endocrine system:
Rate as residuals of endocrine dysfunction.
7916 Hyperpituitarism (prolactin secreting pituitary
dysfunction):
Note: Evaluate as malignant or benign neoplasm, as
appropriate.
7917 Hyperaldosteronism (benign or malignant):
Note: Evaluate as malignant or benign neoplasm, as
appropriate.
7918 Pheochromocytoma (benign or malignant):
Note: Evaluate as malignant or benign neoplasm as
appropriate.
7919 C-cell hyperplasia of the thyroid:
If antineoplastic therapy is required, evaluate as a
malignant neoplasm under DC 7914. If a prophylactic
thyroidectomy is performed (based upon genetic
testing) and antineoplastic therapy is not
required, evaluate as hypothyroidism under DC 7903.
------------------------------------------------------------------------
(Authority: 38 U.S.C. 1155)
0
3. Amend appendix A to part 4 by revising the entries for Secs.
Sec. Sec. 4.104 and 4.119 to read as follows:
Appendix A to Part 4--Table of Amendments and Effective Dates Since
1946
------------------------------------------------------------------------
Diagnostic
Sec. code No.
------------------------------------------------------------------------
* * * * * * *
4.104............. 7000 Evaluation July 6, 1950; evaluation
September 22, 1978; evaluation January
12, 1998.
* * * * * * *
7008 Evaluation January 12, 1998; evaluation
[effective date of final rule].
* * * * * * *
4.119............. 7900 Criterion August 13, 1981; evaluation
June 9, 1996; title [effective date of
final rule]; evaluation [effective
date of final rule]; criterion
[effective date of final rule]; note
[effective date of final rule].
7901 Criterion August 13, 1981; evaluation
June 9, 1996; title [effective date of
final rule]; evaluation [effective
date of final rule]; criterion
[effective date of final rule].
7902 Evaluation August 13, 1981; criterion
June 9, 1996; title [effective date of
final rule]; evaluation [effective
date of final rule]; criterion
[effective date of final rule]; note
[effective date of final rule].
7903 Criterion August 13, 1981; evaluation
June 9, 1996; evaluation [effective
date of final rule]; criterion
[effective date of final rule]; note
[effective date of final rule].
7904 Criterion August 13, 1981; evaluation
June 9, 1996; evaluation [effective
date of final rule]; criterion
[effective date of final rule]; note
[effective date of final rule].
7905 Evaluation; August 13, 1981; evaluation
June 9, 1996; evaluation [effective
date of final rule]; criterion
[effective date of final rule]; note
[effective date of final rule]. Added
[effective date of final rule].
7906 Evaluation; August 13, 1981; evaluation
June 9, 1996; criterion [effective
date of final rule]; note [effective
date of final rule].
7907 Criterion August 13, 1981; criterion
June 9, 1996; criterion [effective
date of final rule].
7908 Evaluation August 13, 1981; criterion
June 9, 1996; evaluation June 9, 1996;
criterion [effective date of final
rule]; note [effective date of final
rule].
7909 Removed June 9, 1996.
7910 Evaluation March 11, 1969; evaluation
August 13, 1981; criterion June 9,
1996; title [effective date of final
rule].
7911 Title [effective date of final rule].
7912 Criterion September 9, 1975; criterion
August 13, 1981; criterion June 6,
1996; evaluation June 9, 1996;
criterion [effective date of final
rule].
7913 Criterion March 10, 1976; criterion
August 13, 1981; criterion June 9,
1996.
7914 Criterion June 9, 1996.
7915 Added June 9, 1996.
7916 Added June 9, 1996.
7917 Added June 9, 1996.
7918 Added June 9, 1996; evaluation June 9,
1996; criterion [effective date of
final rule].
7919 * * *
* * * * * * *
------------------------------------------------------------------------
[[Page 39020]]
0
4. Amend Appendix B to Part 4 by revising the entries for diagnostic
codes 7900, 7901, 7902, 7911, and adding diagnostic code 7906 to read
as follows:
Appendix B to Part 4--Numerical Index of Disabilities
------------------------------------------------------------------------
Diagnostic code No.
------------------------------------------------------------------------
* * * * * * *
------------------------------------------------------------------------
THE ENDOCRINE SYSTEM
------------------------------------------------------------------------
7900....................... Hyperthyroidism, including, but not limited
to, Graves' disease.
7901....................... Thyroid enlargement, toxic.
7902....................... Thyroid enlargement, nontoxic.
* * * * * * *
7906....................... Thyroiditis.
* * * * * * *
7911....................... Addison's disease (adrenocortical
insufficiency).
7912....................... Polyglandular syndrome (multiple endocrine
neoplasia, autoimmune polyglandular
syndrome).
* * * * * * *
------------------------------------------------------------------------
0
4. Amend appendix C by:
0
a. Adding entries for Graves' disease. Polyglandular syndrome and
Thyroiditis in alphabetical order; and
0
b. Revising the disability entry for Thyroid gland. The additions and
revision read as follows:
Appendix C to Part 4--Alphabetical Index of Disabilities
------------------------------------------------------------------------
Diagnostic
code No.
------------------------------------------------------------------------
* * * * *
Graves' disease............................................ 7900
* * * * *
Polyglandular syndrome..................................... 7912
* * * * *
Thyroid gland
Nontoxic thyroid enlargement........................... 7902
Toxic thyroid enlargement.............................. 7901
Thyroiditis................................................ 7906
* * * * *
------------------------------------------------------------------------
[FR Doc. 2015-16666 Filed 7-7-15; 8:45 am]
BILLING CODE 8320-01-P