[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21853]


[[Page Unknown]]

[Federal Register: September 8, 1994]


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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 4

RIN 2900-AG97

 

Schedule for Rating Disabilities; Genitourinary System (Special 
Monthly Compensation)

AGENCY: Department of Veterans Affairs.

ACTION: Final regulation.

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SUMMARY: The Department of Veterans Affairs (VA) has amended its 
Schedule for Rating Disabilities of the Genitourinary System by adding 
a note at the beginning of Sec. 4.115b requiring rating specialists to 
refer to Sec. 3.350 any time they evaluate a claim involving loss or 
loss of use of a creative organ and by adding a footnote at three 
diagnostic codes to ask the rater to review for entitlement to special 
monthly compensation (SMC). The intended effect of this change is to 
ensure that potential entitlement to SMC is considered in every case 
where there is loss or loss of use of a creative organ.

DATES: This amendment is effective September 8, 1994.

FOR FURTHER INFORMATION CONTACT:
Caroll McBrine, M.D., Consultant Regulations Staff, Compensation and 
Pension Service, Veterans Benefits Administration, Department of 
Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420 (202) 
273-7210.

SUPPLEMENTARY INFORMATION: VA published a final revision to the section 
of the Schedule for Rating Disabilities on the Genitourinary System in 
the Federal Register on January 18, 1994 (59 FR 2523-29). In the 
preamble to the final revision, in response to a comment urging that we 
place a note under diagnostic code (DC) 7522 (Penis, deformity, with 
loss of erectile power) indicating entitlement to special monthly 
compensation under 38 U.S.C. 1114(k), we stated our belief that such a 
note was not warranted because we preferred that raters refer to the 
regulations governing special monthly compensation rather than relying 
on cross-references in the rating schedule. We noted that the criteria 
regarding entitlement to special monthly compensation are extensive, 
very complicated, and seldom correspond exactly to evaluation criteria 
in the rating schedule.

    Upon further review we have determined that the addition of 
indications under diagnostic codes where there might be entitlement to 
SMC would improve the revision by enhancing the likelihood of 
consideration for SMC.
    While it is impractical to provide detailed information at every 
location in the rating schedule where the potential for entitlement to 
SMC might arise, we have added a note at the beginning of Sec. 4.115b 
requiring rating specialists to refer to Sec. 3.350 any time they 
evaluate a claim involving loss or loss of use of a creative organ. In 
addition to the note, we have added a footnote at DC's 7522 (Penis, 
deformity, with loss of erectile power), 7523 (Testis, atrophy, 
complete), and 7524 (Testis, removal) instructing raters (in a note at 
the bottom of the page) to review for entitlement to SMC. While those 
conditions clearly call for review for entitlement to SMC, there are 
other conditions in this portion of the rating schedule where there 
might also be entitlement to SMC. The lack of a footnote does not 
relieve the rating specialist of the responsibility of recognizing 
additional circumstances where SMC might be warranted. We believe that 
the combination of the regulatory requirement contained in the note and 
the footnotes is the best method of making sure that potential 
entitlement to SMC is considered.
    This amendment does not represent a substantive change from the 
final rule on the Genitourinary System published in the Federal 
Register on January 18, 1994. It is an amendment to ensure that 
provisions for special monthly compensation already in place will be 
fully considered in every case. Therefore we are publishing this as a 
final rule.
    The Secretary hereby certifies that this regulatory amendment will 
not have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act (RFA), 5 
U.S.C. 601-612. The reason for this certification is that this 
amendment would not directly affect any small entities. Only VA 
beneficiaries could be directly affected. Therefore, pursuant to 5 
U.S.C. 605(b), this amendment is exempt from the initial and final 
regulatory flexibility analysis requirements of sections 603 and 604.
    Since this is not considered to be a significant regulatory 
amendment, we have not prepared a Costs and Benefits analysis in accord 
with Executive Order 12866 of September, 1993, and the Office of 
Management and Budget has reviewed this rule.

    The Catalog of Federal Domestic Assistance program numbers are 
64.104 and 64.109.

List of Subjects in 38 CFR Part 4

    Handicapped, Pensions, Veterans.

    Approved July 28, 1994.
Jesse Brown,
Secretary for Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 4, subpart B, 
is amended as set forth below:

PART 4--SCHEDULE FOR RATING DISABILITIES

Subpart B--Disability Ratings

    1. The authority citation for part 4 is revised to read as follows:

    Authority: 38 U.S.C. 1155.

    2. Section 4.115b is amended by adding an introductory note before 
diagnostic code 7500 and by revising diagnostic codes 7522, 7523, and 
7524, to read as follows:


Sec. 4.115b  Ratings of the genitourinary system--diagnoses.

    Note: When evaluating any claim involving loss or loss of use of 
one or more creative organs, refer to Sec. 3.350 of this chapter to 
determine whether the veteran may be entitled to special monthly 
compensation. Footnotes in the schedule indicate conditions which 
potentially establish entitlement to special monthly compensation; 
however, there are other conditions in this section which under 
certain circumstances also establish entitlement to special monthly 
compensation.
* * * * *
7522  Penis, deformity, with loss of erectile power--20\1\
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    \1\Review for entitlement to special monthly compensation under 
Sec. 3.350 of this chapter.
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7523  Testis, atrophy complete:
    Both--20\1\
    One--0\1\
7524  Testis, removal:
    Both--30\1\
    One--0\1\

    Note: In cases of the removal of one testis as the result of a 
service-incurred injury or disease, other than an undescended or 
congenitally undeveloped testis, with the absence or nonfunctioning 
of the other testis unrelated to service, an evaluation of 30 
percent will be assigned for the service-connected testicular loss. 
Testis, underscended, or congenitally undeveloped is not a ratable 
disability.
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[FR Doc. 94-21853 Filed 9-7-94; 8:45 am]
BILLING CODE 8320-01-P-M