Rule2022-21995
Schedule for Rating Disabilities: The Hematologic and Lymphatic Systems; Correction
Primary source
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Published
October 11, 2022
Effective
October 11, 2022
Issuing agencies
Veterans Affairs Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 195 (Tuesday, October 11, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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]
BILLING CODE 8320-01-P
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