[Federal Register Volume 69, Number 112 (Thursday, June 10, 2004)]
[Rules and Regulations]
[Pages 32449-32450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12723]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 4
RIN 2900-AJ60
Schedule for Rating Disabilities; The Spine; Correction
AGENCY: Department of Veterans Affairs.
ACTION: Final rule; correction.
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SUMMARY: In a document published in the Federal Register on August 27,
2003 (68 FR 51454), we amended a portion of the Department of Veterans
Affairs (VA) Schedule for Rating Disabilities that addresses the spine.
The document inadvertently omitted text that previously appeared in the
table of the proposed rule published in the Federal Register on
September 4, 2002 (67 FR 56509). This document corrects that omission
by reinserting the two missing notes (pertaining to code 5243) into the
table.
DATES: Effective Date: This correction is effective September 26, 2003.
FOR FURTHER INFORMATION CONTACT: Audrey Tomlinson, Medical Officer,
Policy and Regulations Staff (211B), Compensation and Pension Service,
Veterans Benefits Administration, Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC 20420, (202) 273-7230.
SUPPLEMENTARY INFORMATION: A final rule, RIN 2900-AJ60; Schedule for
Rating Disabilities; The Spine, was published on August 27, 2003 (68 FR
51454) (to be codified at 38 CFR 4.71a). Two notes that provide
guidance with regard to rating intervertebral disc syndrome (diagnostic
code 5243) that were published in the proposed rule in the Federal
Register on September 4, 2002, (67 FR 56509) were inadvertently omitted
from the final rule. As noted in the proposed rule, the amendments made
editorial changes to the evaluation criteria for intervertebral disc
syndrome to make them compatible with the new
[[Page 32450]]
general rating formula and did not represent any substantive change.
Administrative Procedure Act
The change that this final rule makes merely corrects the omission
of two notes (``Note (1)'' and ``Note (2)'') from the Spine Table.
Accordingly, there is good cause for dispensing with the notice and
comment and delayed effective date provisions of 5 U.S.C. 552 and 553.
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For the reasons set out in the preamble, 38 CFR part 4, subpart B, is
amended as set forth below:
Subpart B--[Amended]
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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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2. In Sec. 4.71a, the table titled ``The Spine'' is amended by adding
Notes 1 and 2 at the end of the entries under the heading ``Formula for
Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes''
to read as follows:
Sec. 4.71a Schedule of ratings--musculoskeletal system.
* * * * *
Note (1): For purposes of evaluations under diagnostic code
5243, an incapacitating episode is a period of acute signs and
symptoms due to intervertebral disc syndrome that requires bed rest
prescribed by a physician and treatment by a physician.
Note (2): If intervertebral disc syndrome is present in more
than one spinal segment, provided that the effects in each spinal
segment are clearly distinct, evaluate each segment on the basis of
incapacitating episodes or under the General Rating Formula for
Diseases and Injuries of the Spine, whichever method results in a
higher evaluation for that segment.
Dated: May 27, 2004.
Robert C. McFetridge,
Director, Regulations Management.
[FR Doc. 04-12723 Filed 6-9-04; 8:45 am]
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