[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Rules and Regulations]
[Pages 61248-61249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21995]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 4

RIN 2900-AO19


Schedule for Rating Disabilities: The Hematologic and Lymphatic 
Systems; Correction

AGENCY: Department of Veterans Affairs.

ACTION: Correcting amendments.

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SUMMARY: On October 29, 2018, the Department of Veterans Affairs (VA) 
published in the Federal Register a final rule that amended the portion 
of the VA Schedule for Rating Disabilities (``VASRD'' or ``rating 
schedule'') that addresses the hematologic and lymphatic systems. This 
correction addresses two typographical errors in the text of a 100-
percent disability evaluation language under diagnostic code (DC) 7718, 
Essential Thrombocythemia and Primary Myelofibrosis, and Note (2) under 
DC 7718 in the published final rule.

DATES: This correction is effective October 11, 2022. The correction is 
applicable as of December 9, 2018.

FOR FURTHER INFORMATION CONTACT: Leah Carey, Regulations Analyst, VASRD 
Program Management Office (218A), Compensation Service, Veterans 
Benefits Administration, Department of Veterans Affairs, 810 Vermont 
Avenue NW, Washington, DC 20420, (202) 461-9700. (This is not a toll-
free telephone number.)

SUPPLEMENTARY INFORMATION: VA is correcting its regulations published 
on October 29, 2018, in the Federal Register at 83 FR 54250 in the 
final rule ``RIN 2900-AO19, Schedule for Rating Disabilities: The 
Hematologic and Lymphatic Systems''. The first error is within the text 
of the 100 percent evaluation for diagnostic code (DC) 7718 Essential 
Thrombocythemia and Primary Myelofibrosis. Within the preamble of the 
proposed rule, VA proposed a 100-percent evaluation in cases requiring 
either continuous myelosuppressive therapy or, for six months following 
hospital admission, any of the following treatments: peripheral blood 
or bone marrow stem cell transplant, or chemotherapy, or radioactive 
phosphorus. (See 80 FR 46888 published August 6, 2015.) Within the 
final rule, VA replaced radioactive phosphorus with interferon 
treatment because radioactive phosphorus is an outdated treatment and 
interferon alpha treatment is in line with current clinical practice. 
(See 83 FR 54253 published October 29, 2018.) However, VA omitted ``any 
of the following treatments:'' in the regulatory text of its proposed 
and final rules. VA corrects this error by adding the phrase ``for any 
of the following treatments:'' after the words ``hospital admission'' 
of the 100-percent disability evaluation criteria under DC 7718.
    The second error is within the text of Note (2) under DC 7718. VA 
excluded interferon treatment from its discussion regarding the 
assignment of 100 percent evaluations and mandatory VA examinations 
following hospital admission. To promote clarity and the consistency of 
application of its rating schedule, VA adds interferon treatment to the 
list of treatments to the text on Note (2). This change is editorial in 
nature and does not result in any substantive changes to the rating 
criteria.

List of Subjects in 38 CFR Part 4

    Disability benefits, Pensions, Veterans.

    For the reasons set out in the preamble, 38 CFR part 4 is corrected 
by making the following correcting amendment:

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.


0
2. Amend Sec.  4.117 by revising the entry for diagnostic code 7718 to 
read as follows:


Sec.  4.117  Schedule of ratings--hematologic and lymphatic systems.

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                                                              Rating
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                              * * * * * * *
7718 Essential thrombocythemia and primary
 myelofibrosis:
Requiring either continuous myelosuppressive therapy,                100
 or, for six months following hospital admission for any
 of the following treatments: peripheral blood or bone
 marrow stem cell transplant, or chemotherapy, or
 interferon treatment...................................
Requiring continuous or intermittent myelosuppressive                 70
 therapy, or chemotherapy, or interferon treatment to
 maintain platelet count <500 x 10\9\/L.................
Requiring continuous or intermittent myelosuppressive                 30
 therapy, or chemotherapy, or interferon treatment to
 maintain platelet count of 200,000-400,000, or white
 blood cell (WBC) count of 4,000-10,000.................
Asymptomatic............................................               0
Note (1): If the condition undergoes leukemic
 transformation, evaluate as leukemia under diagnostic
 code 7703.
Note (2): A 100 percent evaluation shall be assigned as
 of the date of hospital admission for peripheral blood
 or bone marrow stem cell transplant; or during the
 period of treatment with chemotherapy (including
 myelosuppressants) or interferon treatment. Six months
 following hospital discharge or, in the case of
 chemotherapy treatment, six months after completion of
 treatment, the appropriate disability rating shall be
 determined by mandatory VA examination. Any reduction
 in evaluation based upon that or any subsequent
 examination shall be subject to the provisions of Sec.
  3.105(e) of this chapter.
 
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[[Page 61249]]

Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of 
the Secretary, Department of Veterans Affairs.
[FR Doc. 2022-21995 Filed 10-7-22; 8:45 am]
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