Schedule for Rating Disabilities; The Endocrine System, 50802-50807 [2017-23044]
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[FR Doc. 2017–23897 Filed 11–1–17; 8:45 am]
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DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 4
RIN 2900–AO44
Schedule for Rating Disabilities; The
Endocrine System
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This document amends the
Department of Veterans Affairs (VA)
Schedule for Rating Disabilities
(VASRD) by revising the portion of the
Schedule that addresses endocrine
conditions and disorders of the
endocrine system. The effect of this
action is to ensure that the VASRD uses
current medical terminology and to
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SUMMARY:
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provide detailed and updated criteria
for evaluation of endocrine disorders.
DATES: This rule is effective on
December 10, 2017.
FOR FURTHER INFORMATION CONTACT:
Ioulia Vvedenskaya, Medical Officer,
Part 4 VASRD Regulations Staff (211C),
Compensation Service, Veterans
Benefits Administration, Department of
Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420,
Ioulia.Vvedenskaya@va.gov, (202) 461–
9700 (this is not a toll-free telephone
number).
SUPPLEMENTARY INFORMATION: VA
published a proposed rule in the
Federal Register at 80 FR 39011 on July
8, 2015, to amend the portion of the
VASRD dealing with endocrine
disorders. VA provided a 60-day public
comment period, and interested persons
were invited to submit written
comments, suggestions, or objections on
or before September 8, 2015. VA
received comments from four
individuals. In addition, VA received a
comment from a veterans service
organization. Unless otherwise
indicated below, VA adopts the changes
set forth in the proposed rule.
Public Comments
One commenter asked whether VA
would recognize polycystic ovarian
syndrome (PCOS) under the VA rating
schedule. VA has a mechanism in place
to address PCOS under 38 CFR 4.116.
Specifically, the rating schedule for
Gynecological Conditions and Disorders
of the Breast addresses various ovarian
conditions under Diagnostic Code (DC)
7615, ‘‘Ovary, disease, injury, or
adhesions of’’ and allows VA to rate
based on whether symptoms are
controlled by or require continuous
treatment. In exceptional cases where
the schedular evaluation is inadequate,
38 CFR 3.321 allows for extraschedular
evaluation. Therefore, VA makes no
changes based on this comment.
Two commenters proposed additional
modifications to DC 7913, ‘‘Diabetes
mellitus.’’ One commenter suggested
adding a note to address the issue of
regulation of activities. Another
commenter suggested not changing the
insulin requirements within DC 7913
without considering the other
requirements in the DC such as
regulation of activities. The same
commenter suggested removing the
insulin requirement for a 20-percent
rating and the regulation of activities
requirement at all disability ratings
under the DC. The commenter stated
that the functional impairment caused
by required use of insulin is greater than
impairment caused by ingestion of oral
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medication to control diabetes. As
stated in the proposed rule, VA is not
proposing any change to the evaluation
criteria for DC 7913 at this time other
than requiring ‘‘one or more daily
injection’’ of insulin for a 20-, 40- or 60percent rating and instead intends to
establish a work group to specifically
address this condition. Therefore, these
comments are beyond the scope of this
rulemaking. However, VA will take
these comments into consideration in
connection with a possible future
rulemaking.
One commenter suggested changing
the terminology for a 100-percent rating
under DC 7903, ‘‘Hypothyroidism’’ from
‘‘myxedema’’ to ‘‘myxedema coma or
crisis’’ because myxedema can be
present without causing the requisite
level of symptoms for a 100-percent
rating. Myxedema is a term used to
denote severe hypothyroidism, and
myxedema coma or myxedema crisis is
a medical emergency and represents a
specific rare life-threatening clinical
condition. Because the clinical picture
of myxedema appears in the most
extreme cases of hypothyroidism, we
believe that this manifestation of the
disability warrants a 100-percent rating
(See Greenspan’s Basic & Clinical
Endocrinology (D.G. Gardner et al. eds.,
9th ed. 2011) available at https://
accessmedicine.mhmedical.com/
content.aspx?bookid=380&
sectionid=39744047#8401831).
Therefore, VA makes no changes based
on this comment.
The same commenter proposed that
VA retain a 10-percent minimum
evaluation in the DCs for endocrine
disabilities because of the need for
continuous medication to control the
symptoms of these disabilities. VA
disagrees. In the absence of symptoms,
medical management of chronic
endocrine disorders does not present a
significant lifestyle adjustment, and it
does not result in impairment of earning
capacity (see 38 U.S.C. 1155). Therefore,
VA makes no changes based on this
comment.
The same commenter noted a
typographical error in the text of
proposed DC 7911. The word
‘‘adrenocortical’’ was misspelled as
‘‘adrenalcortical.’’ VA has changed the
spelling of the term based on this
comment.
One commenter was supportive of the
overall changes and additions to this
section of the VASRD, such as
additional DCs, clarification of notes on
residuals affecting other body systems,
instructions to rate some residuals
separately, accounting for additional
symptoms, and formation of a new work
group for diabetes mellitus. The
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commenter also commented that
proposed DCs 7900 (Hyperthyroidism),
7903 (Hypothyroidism), and 7905
(Hypoparathyroidism) do not
adequately account for disability due to
uncontrolled thyroid hormone or
calcium imbalance because proposed
DCs 7900 and 7903 only provide a 30percent rating for symptoms existing for
up to six months after diagnosis and
proposed DC 7905 provides a 100percent rating for symptoms occurring
for up to three months after diagnosis;
thereafter, residual effects are rated
under the body system affected by the
endocrine disability. The commenter
stated that endocrine function may still
be disturbed while the correct dosage of
medication is being determined and that
some patients may not have received
treatment.
We first point out that the ratings
under DC 7900 and 7903 are for ‘‘six
months after initial diagnosis’’ and the
rating under DC 7905 is for ‘‘three
months after initial diagnosis.’’ Thus,
the claimants are likely receiving
treatment. In addition, as VA explained
in the notice of proposed rulemaking,
most symptoms of hyperthyroidism and
hypothyroidism are alleviated within
six months of treatment (see 80 FR
39011, 39013 (Jul. 8, 2015)).
With regard to residual symptoms, the
primary effect of chronic
hyperthyroidism, hypothyroidism, and
hypoparathyroidism is on body systems
regulated by the thyroid. Therefore, in
cases where veterans still have
symptoms after six months for
hyperthyroidism or hypothyroidism or
after three months for
hypoparathyroidism, VA addresses
residual symptoms by rating all
residuals based on the specific disability
presented under the most appropriate
DCs within the appropriate body
system(s).
The residuals of endocrine disorders
such as uncontrolled thyroid hormone
or calcium imbalance produce
measurable disability including muscle
damage, blood-clotting issues, nerve and
kidney damage, depression, and many
others. Therefore, VA makes no changes
based on this comment.
The commenter also stated that VA
has not provided a reasoned argument
for eliminating a 10-percent evaluation
when continued medication is required
under DCs 7900 and 7903. Ratings
under the schedule are ‘‘based, as far as
practicable, upon the average
impairments of earning capacity
resulting from [specific] injuries’’ or
combination of injuries (see 38 U.S.C.
1155). As detailed above, VA explained
in the notice of proposed rulemaking
that symptoms of hyperthyroidism and
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hypothyroidism generally resolve
completely within six months after
diagnosis and that symptoms of
hypoparathyroidism are generally
eliminated following treatment with
calcium and vitamin D supplementation
(see 80 FR 39011, 39012–14 (Jul. 8,
2015)). Because symptoms are generally
eliminated or minimal once a patient
receives appropriate medication, there
is no impairment of earning capacity
and therefore no need to retain the 10percent rating under DCs 7900, 7903,
and 7905. As explained above, any
disabling residuals may be rated under
the most appropriate rating code.
Further, if medication is discontinued
and symptoms reappear, the disability
could again be rated under the schedule
for rating disabilities of the endocrine
system.
The same commenter suggested that
proposed DC 7912 should account for
residuals of common treatment
procedures such as the Whipple
procedure, which is also used for the
treatment of pancreatic cancer. VA
regulations allow for secondary service
connection for disabilities that are
proximately due to or the result of a
service-connected disease or injury (see
38 CFR 3.310(a)). Disabilities that are
secondarily service connected and have
distinguishable symptoms, to include
disabilities that arise from the treatment
of a service-connected disability, are
rated separately under the VA rating
schedule. Therefore, VA makes no
changes based on this comment.
The same commenter proposed that
VA amend DCs 7901 and 7902 to
account for the specific characteristics
of disfigurement due to thyroid
enlargement rather than rating such
disfigurement under DC 7800 because
the criteria in DC 7800 do not match the
features of thyroid enlargement. The
commenter provided two examples of
this alleged inconsistency, cystic
thyroid nodules requiring draining and
soft swelling of the neck. If
disfigurement related to thyroid
enlargement does not satisfy the criteria
in DC 7800, the disfigurement does not
result in impairment of earning capacity
and is not compensable (see 38 U.S.C.
1155). Therefore, VA makes no changes
based on these comments.
VA appreciates the comments
submitted in response to the proposed
rule. Based on the rationale stated in the
proposed rule and in this document, the
proposed rule is adopted with the
change noted.
We are additionally adding updates to
38 CFR part 4, Appendices A, B, and C,
to reflect changes to the endocrine
system rating criteria made by this
rulemaking. The appendices are tools
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50803
for users of the VASRD and do not
contain substantive content regarding
evaluation of disabilities. As such, we
believe it is appropriate to include these
updates in this final rule.
Benefits Costs
The change to the proposed rule will
not alter the estimated costs provided in
the previous Notice of Proposed
Rulemaking.
Effective Date of Final Rule
Veterans Benefits Administration
(VBA) personnel utilize the Veterans
Benefit Management System for Rating
(VBMS–R) to process disability
compensation claims that involve
disability evaluations made under the
VASRD. In order to ensure that there is
no delay in processing veterans’ claims,
VA must coordinate the effective date of
this final rule with corresponding
VBMS–R system updates. As such, this
final rule will apply effective December
10, 2017, the date VBMS–R system
updates related to this final rule will be
complete.
Executive Orders 12866 and 13563
Executive Orders 13563 and 12866
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
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Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations
the principles set forth in this Executive
Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this final rule have been
examined, and have been determined
not to be a significant regulatory action
under Executive Order 12866. VA’s
impact 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.’’
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will 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 final rule
will not directly affect any small
entities. Only certain VA beneficiaries
could be directly affected. 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.
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 final rule will have no
such effect on State, local, and tribal
governments, or on the private sector.
Paperwork Reduction Act
This final rule contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance program numbers and titles
for this rule are 64.009, Veterans
Medical Care Benefits; 64.104, Pension
for Non-Service-Connected Disability
for Veterans; 64.109, Veterans
Compensation for Service-Connected
Disability; and 64.110, Veterans
Dependency and Indemnity
Compensation for Service-Connected
Death.
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. Gina
S. Farrisee, Deputy Chief of Staff,
Department of Veterans Affairs,
approved this document on April 19,
2017, for publication.
List of Subjects in 38 CFR Part 4
Disability benefits, Pensions,
Veterans.
Approved: April 19, 2017.
Jeffrey Martin,
Office Program Manager, Office of Regulation
Policy & Management, Office of the Secretary,
Department of Veterans Affairs
Editor’s Note: This document was
received for publication at the Office of the
Federal Register on October 19, 2017.
For the reasons set out in the
preamble, the Department of Veterans
Affairs amends 38 CFR part 4 as set
forth below:
PART 4—SCHEDULE FOR RATING
DISABILITIES
1. The authority citation for part 4
continues to read as follows:
■
Authority: 38 U.S.C. 1155, unless
otherwise noted.
Subpart B—Disability Ratings
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. Amend § 4.119 by:
■ a. Revising the entries for 7900
through 7905;
■ b. Adding in numerical order an entry
for 7906; and
■ c. Revising the entries for 7907
through 7909, 7911 through 7913, and
7915 through 7919.
The revisions and addition read as
follows:
■
§ 4.119 Schedule of ratings—endocrine
system.
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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:
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50805
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Rating
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 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)).
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 12 mg/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 (adrenocortical 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):
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30
100
60
10
0
100
0
100
60
30
100
60
30
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20
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Rating
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 ......................................................................................................................................................
Note (1): Evaluate compensable complications of diabetes separately unless they are part of the criteria used to support a 100percent 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.
100
60
40
20
10
*
*
*
*
*
*
*
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.
*
*
*
4. Amend the table in appendix A to
part 4 in the entries for Sec. 4.104 and
Sec. 4.119 by:
■ a. Revising the entry for 7008;
■ b. Revising the entries for 7900
through 7905;
■
*
c. Adding in numerical order an entry
for 7906; and
■ d. Revising the entries for 7907
through 7909, 7911 through 7913, and
7915 through 7919.
■
*
*
The revisions and addition read as
follows:
Appendix A to Part 4—Table of
Amendments and Effective Dates Since
1946
Diagnostic
code No.
Sec.
*
7008
*
4.119 .......
7900
7901
7902
7903
7904
7905
7906
7907
7908
7909
nlaroche on DSK9F9SC42PROD with RULES
*
7910
7911
7912
7913
VerDate Sep<11>2014
*
*
*
Evaluation January 12, 1998; criterion December 10, 2017.
*
*
*
*
*
*
*
*
*
Criterion August 13, 1981; evaluation June 9, 1996; title December 10, 2017; evaluation December 10, 2017; criterion December 10, 2017; note December 10, 2017.
Criterion August 13, 1981; evaluation June 9, 1996; title December 10, 2017; evaluation December 10, 2017; criterion December 10, 2017; note December 10, 2017.
Evaluation August 13, 1981; criterion June 9, 1996; title December 10, 2017; evaluation December 10, 2017; criterion December 10, 2017; note December 10, 2017.
Criterion August 13, 1981; evaluation June 9, 1996; evaluation December 10, 2017; criterion December 10, 2017;
note December 10, 2017.
Criterion August 13, 1981; evaluation June 9, 1996; evaluation December 10, 2017; criterion December 10, 2017;
note December 10, 2017.
Evaluation; August 13, 1981; evaluation June 9, 1996; evaluation December 10, 2017; criterion December 10, 2017.
Added December 10, 2017.
Evaluation; August 13, 1981; evaluation June 9, 1996; criterion December 10, 2017; note December 10, 2017.
Criterion August 13, 1981; criterion June 9, 1996; criterion December 10, 2017.
Evaluation August 13, 1981; criterion June 9, 1996; evaluation June 9, 1996; criterion December 10, 2017; evaluation December 10, 2017; note December 10, 2017.
Removed June 9, 1996.
Evaluation March 11, 1969; evaluation August 13, 1981; criterion June 9, 1996; title December 10, 2017; note December 10, 2017.
Title December 10, 2017; criterion December 10, 2017.
Criterion September 9, 1975; criterion August 13, 1981; criterion June 6, 1996; evaluation June 9, 1996; criterion December 10, 2017; note December 10, 2017.
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Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations
Diagnostic
code No.
Sec.
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7915
7916
7917
7918
7919
*
*
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*
Criterion June 9, 1996; criterion December 10, 2017.
Added June 9, 1996; note December 10, 2017.
Added June 9, 1996; note December 10, 2017.
Added June 9, 1996; note December 10, 2017.
Added June 9, 1996; evaluation June 9, 1996; criterion December 10, 2017; note December 10, 2017.
*
*
5. Amend Appendix B to part 4 by:
a. Revising the entries for diagnostic
codes 7900 through 7902;
*
*
b. Adding, in numerical order, an
entry for diagnostic code 7906; and
■ c. Revising the entries for diagnostic
codes 7911 and 7912.
■
*
The revisions and addition 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 .................................... Addison’s disease (adrenocortical insufficiency).
7912 .................................... Polyglandular syndrome (multiple endocrine neoplasia, autoimmune polyglandular syndrome).
*
*
*
6. Amend Appendix C to Part 4 as
follows:
■ a. Add, in alphabetical order, entries
for ‘‘Graves’ disease’’ and
‘‘Polyglandular syndrome’’;
■ b. Revise the entry for ‘‘Thyroid
gland’’; and
■ c. Add, in alphabetical order, an entry
for ‘‘Thyroiditis’’.
The additions and revision read as
follows:
■
*
*
[FR Doc. 2017–23044 Filed 11–1–17; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0327; FRL–9970–14–
Region 5]
Air Plan Approval; Minnesota; State
Board Requirements
Appendix C to Part 4—Alphabetical
Index of Disabilities
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Diagnostic
code No.
*
*
*
*
Graves’ disease ........................
nlaroche on DSK9F9SC42PROD with RULES
*
*
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*
Polyglandular syndrome ...........
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Thyroid gland.
Nontoxic thyroid enlargement
Toxic thyroid enlargement .....
Thyroiditis .................................
*
VerDate Sep<11>2014
*
*
14:56 Nov 01, 2017
*
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) submission
from Minnesota addressing the state
*
7912 board requirements of the Clean Air Act
(CAA). EPA is also approving elements
of Minnesota’s submission addressing
*
the infrastructure requirements relating
7902 to state boards for the 1997 ozone, 1997
7901 fine particulate (PM ), 2006 PM ,
2.5
2.5
7906 2008 lead (Pb), 2008 ozone, 2010
nitrogen dioxide (NO2), 2010 sulfur
*
dioxide (SO2), and 2012 PM2.5 National
*
7900
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Ambient Air Quality Standards
(NAAQS). The proposed rulemaking
associated with this final action was
published on July 17, 2017, and EPA
received no comments during the
comment period, which ended on
August 16, 2017.
DATES: This final rule is effective on
December 4, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0327. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
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Agencies
[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Rules and Regulations]
[Pages 50802-50807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23044]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 4
RIN 2900-AO44
Schedule for Rating Disabilities; The Endocrine System
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the Department of Veterans Affairs (VA)
Schedule for Rating Disabilities (VASRD) by revising the portion of the
Schedule that addresses endocrine conditions and disorders of the
endocrine system. The effect of this action is to ensure that the VASRD
uses current medical terminology and to provide detailed and updated
criteria for evaluation of endocrine disorders.
DATES: This rule is effective on December 10, 2017.
FOR FURTHER INFORMATION CONTACT: Ioulia Vvedenskaya, Medical Officer,
Part 4 VASRD Regulations Staff (211C), Compensation Service, Veterans
Benefits Administration, Department of Veterans Affairs, 810 Vermont
Avenue NW., Washington, DC 20420, Ioulia.Vvedenskaya@va.gov, (202) 461-
9700 (this is not a toll-free telephone number).
SUPPLEMENTARY INFORMATION: VA published a proposed rule in the Federal
Register at 80 FR 39011 on July 8, 2015, to amend the portion of the
VASRD dealing with endocrine disorders. VA provided a 60-day public
comment period, and interested persons were invited to submit written
comments, suggestions, or objections on or before September 8, 2015. VA
received comments from four individuals. In addition, VA received a
comment from a veterans service organization. Unless otherwise
indicated below, VA adopts the changes set forth in the proposed rule.
Public Comments
One commenter asked whether VA would recognize polycystic ovarian
syndrome (PCOS) under the VA rating schedule. VA has a mechanism in
place to address PCOS under 38 CFR 4.116. Specifically, the rating
schedule for Gynecological Conditions and Disorders of the Breast
addresses various ovarian conditions under Diagnostic Code (DC) 7615,
``Ovary, disease, injury, or adhesions of'' and allows VA to rate based
on whether symptoms are controlled by or require continuous treatment.
In exceptional cases where the schedular evaluation is inadequate, 38
CFR 3.321 allows for extraschedular evaluation. Therefore, VA makes no
changes based on this comment.
Two commenters proposed additional modifications to DC 7913,
``Diabetes mellitus.'' One commenter suggested adding a note to address
the issue of regulation of activities. Another commenter suggested not
changing the insulin requirements within DC 7913 without considering
the other requirements in the DC such as regulation of activities. The
same commenter suggested removing the insulin requirement for a 20-
percent rating and the regulation of activities requirement at all
disability ratings under the DC. The commenter stated that the
functional impairment caused by required use of insulin is greater than
impairment caused by ingestion of oral medication to control diabetes.
As stated in the proposed rule, VA is not proposing any change to the
evaluation criteria for DC 7913 at this time other than requiring ``one
or more daily injection'' of insulin for a 20-, 40- or 60-percent
rating and instead intends to establish a work group to specifically
address this condition. Therefore, these comments are beyond the scope
of this rulemaking. However, VA will take these comments into
consideration in connection with a possible future rulemaking.
One commenter suggested changing the terminology for a 100-percent
rating under DC 7903, ``Hypothyroidism'' from ``myxedema'' to
``myxedema coma or crisis'' because myxedema can be present without
causing the requisite level of symptoms for a 100-percent rating.
Myxedema is a term used to denote severe hypothyroidism, and myxedema
coma or myxedema crisis is a medical emergency and represents a
specific rare life-threatening clinical condition. Because the clinical
picture of myxedema appears in the most extreme cases of
hypothyroidism, we believe that this manifestation of the disability
warrants a 100-percent rating (See Greenspan's Basic & Clinical
Endocrinology (D.G. Gardner et al. eds., 9th ed. 2011) available at
https://accessmedicine.mhmedical.com/content.aspx?bookid=380§ionid=39744047#8401831). Therefore, VA
makes no changes based on this comment.
The same commenter proposed that VA retain a 10-percent minimum
evaluation in the DCs for endocrine disabilities because of the need
for continuous medication to control the symptoms of these
disabilities. VA disagrees. In the absence of symptoms, medical
management of chronic endocrine disorders does not present a
significant lifestyle adjustment, and it does not result in impairment
of earning capacity (see 38 U.S.C. 1155). Therefore, VA makes no
changes based on this comment.
The same commenter noted a typographical error in the text of
proposed DC 7911. The word ``adrenocortical'' was misspelled as
``adrenalcortical.'' VA has changed the spelling of the term based on
this comment.
One commenter was supportive of the overall changes and additions
to this section of the VASRD, such as additional DCs, clarification of
notes on residuals affecting other body systems, instructions to rate
some residuals separately, accounting for additional symptoms, and
formation of a new work group for diabetes mellitus. The
[[Page 50803]]
commenter also commented that proposed DCs 7900 (Hyperthyroidism), 7903
(Hypothyroidism), and 7905 (Hypoparathyroidism) do not adequately
account for disability due to uncontrolled thyroid hormone or calcium
imbalance because proposed DCs 7900 and 7903 only provide a 30-percent
rating for symptoms existing for up to six months after diagnosis and
proposed DC 7905 provides a 100-percent rating for symptoms occurring
for up to three months after diagnosis; thereafter, residual effects
are rated under the body system affected by the endocrine disability.
The commenter stated that endocrine function may still be disturbed
while the correct dosage of medication is being determined and that
some patients may not have received treatment.
We first point out that the ratings under DC 7900 and 7903 are for
``six months after initial diagnosis'' and the rating under DC 7905 is
for ``three months after initial diagnosis.'' Thus, the claimants are
likely receiving treatment. In addition, as VA explained in the notice
of proposed rulemaking, most symptoms of hyperthyroidism and
hypothyroidism are alleviated within six months of treatment (see 80 FR
39011, 39013 (Jul. 8, 2015)).
With regard to residual symptoms, the primary effect of chronic
hyperthyroidism, hypothyroidism, and hypoparathyroidism is on body
systems regulated by the thyroid. Therefore, in cases where veterans
still have symptoms after six months for hyperthyroidism or
hypothyroidism or after three months for hypoparathyroidism, VA
addresses residual symptoms by rating all residuals based on the
specific disability presented under the most appropriate DCs within the
appropriate body system(s).
The residuals of endocrine disorders such as uncontrolled thyroid
hormone or calcium imbalance produce measurable disability including
muscle damage, blood-clotting issues, nerve and kidney damage,
depression, and many others. Therefore, VA makes no changes based on
this comment.
The commenter also stated that VA has not provided a reasoned
argument for eliminating a 10-percent evaluation when continued
medication is required under DCs 7900 and 7903. Ratings under the
schedule are ``based, as far as practicable, upon the average
impairments of earning capacity resulting from [specific] injuries'' or
combination of injuries (see 38 U.S.C. 1155). As detailed above, VA
explained in the notice of proposed rulemaking that symptoms of
hyperthyroidism and hypothyroidism generally resolve completely within
six months after diagnosis and that symptoms of hypoparathyroidism are
generally eliminated following treatment with calcium and vitamin D
supplementation (see 80 FR 39011, 39012-14 (Jul. 8, 2015)). Because
symptoms are generally eliminated or minimal once a patient receives
appropriate medication, there is no impairment of earning capacity and
therefore no need to retain the 10-percent rating under DCs 7900, 7903,
and 7905. As explained above, any disabling residuals may be rated
under the most appropriate rating code. Further, if medication is
discontinued and symptoms reappear, the disability could again be rated
under the schedule for rating disabilities of the endocrine system.
The same commenter suggested that proposed DC 7912 should account
for residuals of common treatment procedures such as the Whipple
procedure, which is also used for the treatment of pancreatic cancer.
VA regulations allow for secondary service connection for disabilities
that are proximately due to or the result of a service-connected
disease or injury (see 38 CFR 3.310(a)). Disabilities that are
secondarily service connected and have distinguishable symptoms, to
include disabilities that arise from the treatment of a service-
connected disability, are rated separately under the VA rating
schedule. Therefore, VA makes no changes based on this comment.
The same commenter proposed that VA amend DCs 7901 and 7902 to
account for the specific characteristics of disfigurement due to
thyroid enlargement rather than rating such disfigurement under DC 7800
because the criteria in DC 7800 do not match the features of thyroid
enlargement. The commenter provided two examples of this alleged
inconsistency, cystic thyroid nodules requiring draining and soft
swelling of the neck. If disfigurement related to thyroid enlargement
does not satisfy the criteria in DC 7800, the disfigurement does not
result in impairment of earning capacity and is not compensable (see 38
U.S.C. 1155). Therefore, VA makes no changes based on these comments.
VA appreciates the comments submitted in response to the proposed
rule. Based on the rationale stated in the proposed rule and in this
document, the proposed rule is adopted with the change noted.
We are additionally adding updates to 38 CFR part 4, Appendices A,
B, and C, to reflect changes to the endocrine system rating criteria
made by this rulemaking. The appendices are tools for users of the
VASRD and do not contain substantive content regarding evaluation of
disabilities. As such, we believe it is appropriate to include these
updates in this final rule.
Benefits Costs
The change to the proposed rule will not alter the estimated costs
provided in the previous Notice of Proposed Rulemaking.
Effective Date of Final Rule
Veterans Benefits Administration (VBA) personnel utilize the
Veterans Benefit Management System for Rating (VBMS-R) to process
disability compensation claims that involve disability evaluations made
under the VASRD. In order to ensure that there is no delay in
processing veterans' claims, VA must coordinate the effective date of
this final rule with corresponding VBMS-R system updates. As such, this
final rule will apply effective December 10, 2017, the date VBMS-R
system updates related to this final rule will be complete.
Executive Orders 12866 and 13563
Executive Orders 13563 and 12866 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
[[Page 50804]]
the principles set forth in this Executive Order.''
The economic, interagency, budgetary, legal, and policy
implications of this final rule have been examined, and have been
determined not to be a significant regulatory action under Executive
Order 12866. VA's impact 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.''
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will 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 final rule will not directly affect any small entities. Only
certain VA beneficiaries could be directly affected. 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.
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 final rule will have no such effect on
State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance program numbers and
titles for this rule are 64.009, Veterans Medical Care Benefits;
64.104, Pension for Non-Service-Connected Disability for Veterans;
64.109, Veterans Compensation for Service-Connected Disability; and
64.110, Veterans Dependency and Indemnity Compensation for Service-
Connected Death.
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. Gina S.
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs,
approved this document on April 19, 2017, for publication.
List of Subjects in 38 CFR Part 4
Disability benefits, Pensions, Veterans.
Approved: April 19, 2017.
Jeffrey Martin,
Office Program Manager, Office of Regulation Policy & Management,
Office of the Secretary, Department of Veterans Affairs
Editor's Note: This document was received for publication at
the Office of the Federal Register on October 19, 2017.
For the reasons set out in the preamble, the Department of Veterans
Affairs amends 38 CFR part 4 as set forth below:
PART 4--SCHEDULE FOR RATING DISABILITIES
0
1. The authority citation for part 4 continues to read as follows:
Authority: 38 U.S.C. 1155, unless otherwise noted.
Subpart B--Disability Ratings
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. Amend Sec. 4.119 by:
0
a. Revising the entries for 7900 through 7905;
0
b. Adding in numerical order an entry for 7906; and
0
c. Revising the entries for 7907 through 7909, 7911 through 7913, and
7915 through 7919.
The revisions and addition read as follows:
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:
[[Page 50805]]
Hypothyroidism manifesting as myxedema (cold intolerance, 100
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 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)).
7904 Hyperparathyroidism:
For six months from date of discharge following surgery.. 100
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 12 mg/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 that 60
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 30
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 bones... 30
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 hormonal 10
therapy.................................................
7911 Addison's disease (adrenocortical 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 four 20
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):
[[Page 50806]]
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
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.
* * * * * * *
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.
* * * * * * *
------------------------------------------------------------------------
0
4. Amend the table in appendix A to part 4 in the entries for Sec.
4.104 and Sec. 4.119 by:
0
a. Revising the entry for 7008;
0
b. Revising the entries for 7900 through 7905;
0
c. Adding in numerical order an entry for 7906; and
0
d. Revising the entries for 7907 through 7909, 7911 through 7913, and
7915 through 7919.
The revisions and addition read as follows:
Appendix A to Part 4--Table of Amendments and Effective Dates Since
1946
------------------------------------------------------------------------
Diagnostic
Sec. code No.
------------------------------------------------------------------------
* * * * * * *
7008 Evaluation January 12, 1998; criterion
December 10, 2017.
* * * * * * *
4.119.......... 7900 Criterion August 13, 1981; evaluation June
9, 1996; title December 10, 2017;
evaluation December 10, 2017; criterion
December 10, 2017; note December 10,
2017.
7901 Criterion August 13, 1981; evaluation June
9, 1996; title December 10, 2017;
evaluation December 10, 2017; criterion
December 10, 2017; note December 10,
2017.
7902 Evaluation August 13, 1981; criterion June
9, 1996; title December 10, 2017;
evaluation December 10, 2017; criterion
December 10, 2017; note December 10,
2017.
7903 Criterion August 13, 1981; evaluation June
9, 1996; evaluation December 10, 2017;
criterion December 10, 2017; note
December 10, 2017.
7904 Criterion August 13, 1981; evaluation June
9, 1996; evaluation December 10, 2017;
criterion December 10, 2017; note
December 10, 2017.
7905 Evaluation; August 13, 1981; evaluation
June 9, 1996; evaluation December 10,
2017; criterion December 10, 2017.
7906 Added December 10, 2017.
7907 Evaluation; August 13, 1981; evaluation
June 9, 1996; criterion December 10,
2017; note December 10, 2017.
7908 Criterion August 13, 1981; criterion June
9, 1996; criterion December 10, 2017.
7909 Evaluation August 13, 1981; criterion June
9, 1996; evaluation June 9, 1996;
criterion December 10, 2017; evaluation
December 10, 2017; note December 10,
2017.
7910 Removed June 9, 1996.
7911 Evaluation March 11, 1969; evaluation
August 13, 1981; criterion June 9, 1996;
title December 10, 2017; note December
10, 2017.
7912 Title December 10, 2017; criterion
December 10, 2017.
7913 Criterion September 9, 1975; criterion
August 13, 1981; criterion June 6, 1996;
evaluation June 9, 1996; criterion
December 10, 2017; note December 10,
2017.
[[Page 50807]]
* * * * * * *
7915 Criterion June 9, 1996; criterion December
10, 2017.
7916 Added June 9, 1996; note December 10,
2017.
7917 Added June 9, 1996; note December 10,
2017.
7918 Added June 9, 1996; note December 10,
2017.
7919 Added June 9, 1996; evaluation June 9,
1996; criterion December 10, 2017; note
December 10, 2017.
* * * * * * *
------------------------------------------------------------------------
0
5. Amend Appendix B to part 4 by:
0
a. Revising the entries for diagnostic codes 7900 through 7902;
0
b. Adding, in numerical order, an entry for diagnostic code 7906; and
0
c. Revising the entries for diagnostic codes 7911 and 7912.
The revisions and addition 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
6. Amend Appendix C to Part 4 as follows:
0
a. Add, in alphabetical order, entries for ``Graves' disease'' and
``Polyglandular syndrome'';
0
b. Revise the entry for ``Thyroid gland''; and
0
c. Add, in alphabetical order, an entry for ``Thyroiditis''.
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. 2017-23044 Filed 11-1-17; 8:45 am]
BILLING CODE 8320-01-P