[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29068]


[[Page Unknown]]

[Federal Register: November 25, 1994]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AG44

 

Disability Due to Impaired Hearing

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs 
adjudication regulations regarding the definition of disability due to 
impaired hearing to clarify that it merely sets forth the base criteria 
for determining the point at which impaired hearing is considered a 
disability. This document does not constitute a substantive change to 
the regulation.

DATES: This amendment is effective December 27, 1994.

FOR FURTHER INFORMATION CONTACT: Don England, Chief, Regulations Staff, 
Compensation and Pension Service, Veterans Benefits Administration, 
Department of Veterans Affairs, 810 Vermont Ave., NW, Washington, DC, 
20420, (202) 273-7212.

SUPPLEMENTARY INFORMATION: The amendment made by this document was 
published as a proposal in the Federal Register of September 16, 1993, 
58 FR 48483-4. Interested persons were invited to submit comments on or 
before October 18, 1993.
    We received one comment from Disabled American Veterans. The 
commenter agreed that this change ought to be made but stated that this 
rulemaking presents VA with an opportunity to reexamine the criteria 
for determining the point at which hearing loss is a disability and 
suggested that VA adopt a different formula. We appreciate the 
commenter's interest in this issue. The suggestion, however, is clearly 
beyond the scope of this rulemaking.
    The information in the proposed rule still provides a basis for 
this final rule. Accordingly, the proposed rule is adopted without 
change.
    The Secretary hereby certifies that this regulatory amendment will 
not have a significant 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 section 603 and 604.
    The Catalog of Federal Domestic Assistance numbers are 64.104 and 
64.109.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Handicapped, Health 
care, Pensions, Veterans.

    Approved: November 18, 1994.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 3 is amended 
as set forth below:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity 
Compensation

    1. The authority citation for part 3, subpart A, continues to read 
as follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.

    2. Section 3.385 is revised to read as follows:


Sec. 3.385  Disability due to impaired hearing.

    For the purposes of applying the laws administered by VA, impaired 
hearing will be considered to be a disability when the auditory 
threshold in any of the frequencies 500, 1000, 2000, 3000, 4000 Hertz 
is 40 decibels or greater; or when the auditory thresholds for at least 
three of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz are 26 
decibels or greater; or when speech recognition scores using the 
Maryland CNC Test are less than 94 percent.

[FR Doc. 94-29068 Filed 11-23-94; 8:45 am]
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