[Federal Register Volume 70, Number 243 (Tuesday, December 20, 2005)]
[Rules and Regulations]
[Pages 75398-75399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24272]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 4

RIN 2900-AM32


Use of Diagnostic Code Numbers; Schedule of Ratings-Neurological 
Conditions and Convulsive Disorders

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs (VA) 
Schedule for Rating Disabilities by updating references to diagnostic 
codes in two regulations. These amendments are necessary to correct 
outdated references in the Schedule for Rating Disabilities.

DATES: Effective Date: December 20, 2005.

FOR FURTHER INFORMATION CONTACT: Maya Ferrandino, Consultant, 
Compensation and Pension Service, Policy and Regulations Staff, 
Veterans Benefits Administration, 810 Vermont Avenue, NW., Washington, 
DC 20420, (202) 273-7211.

SUPPLEMENTARY INFORMATION: VA's Schedule for Rating Disabilities 
includes criteria for evaluating disabilities by analogy where there is 
no specific diagnostic code for the disability being evaluated. In 38 
CFR 4.27 and 38 CFR 4.124a, the rating criteria reference examples of 
diseases that can be rated by analogy to certain specified diagnostic 
odes. Two of the

[[Page 75399]]

diagnostic codes listed in 38 CFR 4.27 and 4.124a, for rheumatoid 
(atrophic) arthritis and for dementia, are outdated due to changes to 
the diagnostic criteria for evaluating these diseases. Therefore, we 
are amending 38 CFR 4.27 and 4.124a to replace outdated references with 
the current diagnostic codes for ankylosing spondylitis, a disability 
similar to rheumatoid arthritis, and for dementia.
    Section 4.27, Use of diagnostic code numbers, includes as an 
example: ``Thus, rheumatoid (atrophic) arthritis rated as ankylosis of 
the lumbar spine should be coded 5002-5289.'' However, Diagnostic Code 
5289 was removed from 38 CFR 4.71a, Schedule of ratings-musculoskeletal 
system, by a rulemaking published on August 27, 2003, at 68 FR 51454. 
Therefore, the reference to 5289 for ankylosis of the lumbar spine is 
outdated. We will replace the outdated reference to Diagnostic Code 
5289 with the current Diagnostic Code for ankylosing spondylitis, 5240, 
which is a disability similar to rheumatoid arthritis.
    Similarly, in Sec.  4.124a, Schedule of ratings-neurological 
conditions and convulsive disorders, the paragraph discussing Mental 
Disorders in Epilepsies which appears after Diagnostic Code 8914 
includes references to Diagnostic Codes 9304 and 9307 for dementia: 
``(e.g., 9304 or 9307)'' and ``(e.g., Diagnostic Code 9304 or 9307)''. 
However, Diagnostic Code 9307 was removed by a rulemaking published on 
October 8, 1996, at 61 FR 52695. Therefore, the reference to Diagnostic 
Code 9307 currently in 38 CFR 4.124a is outdated. We will remove the 
reference to Diagnostic Code 9307 and insert a reference to Diagnostic 
Code 9326, which replaced Diagnostic Code 9307.

Administrative Procedures Act

    This final rule merely replaces inaccurate examples and does not 
alter the content of the regulations. Accordingly, there is a basis for 
dispensing with prior notice and comment and the delayed effective date 
provisions of 5 U.S.C. 553.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required in connection 
with the adoption of this final rule, no regulatory flexibility 
analysis is required under the Regulatory Flexibility Act (5 U.S.C. 
601-612). Even so, 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.

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 year. This final rule would have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance Numbers: The Catalog of 
Federal Domestic Assistance program numbers and titles for this 
proposal are 64.104, Pension for Non-Service-Connected Disability 
for Veterans, and 64.109, Veterans Compensation for Service-
Connected Disability.

List of Subjects in 38 CFR Part 4

    Disability benefits, Pensions, Veterans.

    Approved: December 14, 2005.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

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

PART 4--SCHEDULE FOR RATING DISABILITIES

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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.


Sec.  4.27  [Amended]

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2. Amend Sec.  4.27 by removing ``5002-5289'' and adding, in its place, 
``5002-5240''.


Sec.  4.124a  [Amended]

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3. Amend Sec.  4.124a following the undesignated center heading ``The 
Epilepsies'' at the conclusion of the table in the undesignated 
paragraph ``Mental Disorders in Epilepsies'' remove ``9307'' and add in 
its place ``9326''.

[FR Doc. 05-24272 Filed 12-19-05; 8:45 am]
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