80_FR_39141 80 FR 39011 - Schedule for Rating Disabilities-The Endocrine System

80 FR 39011 - Schedule for Rating Disabilities-The Endocrine System

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 80, Issue 130 (July 8, 2015)

Page Range39011-39020
FR Document2015-16666

The Department of Veterans Affairs (VA) proposes to revise the portion of the VA Schedule for Rating Disabilities (Rating Schedule) that addresses the endocrine system. The intended effects of these changes are to update medical terminology, add medical conditions not currently in the Rating Schedule, revise the criteria to reflect medical advances since the last revision in 1996, and clarify the criteria.

Federal Register, Volume 80 Issue 130 (Wednesday, July 8, 2015)
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Proposed Rules]
[Pages 39011-39020]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16666]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 4

RIN 2900-AO44


Schedule for Rating Disabilities--The Endocrine System

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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[[Page 39012]]

SUMMARY: The Department of Veterans Affairs (VA) proposes to revise the 
portion of the VA Schedule for Rating Disabilities (Rating Schedule) 
that addresses the endocrine system. The intended effects of these 
changes are to update medical terminology, add medical conditions not 
currently in the Rating Schedule, revise the criteria to reflect 
medical advances since the last revision in 1996, and clarify the 
criteria.

DATES: Comments must be received by VA on or before September 8, 2015.

ADDRESSES: Written comments may be submitted through 
www.Regulations.gov; by mail or hand-delivery to the Director, 
Regulations Policy and Management (02REG), Department of Veterans 
Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by 
fax to (202) 273-9026. Comments should indicate that they are submitted 
in response to ``RIN 2900-AO44-Schedule for Rating Disabilities--The 
Endocrine System.'' Copies of comments received will be available for 
public inspection in the Office of Regulation Policy and Management, 
Room 1068, between the hours of 8:00 a.m. and 4:30 p.m., Monday through 
Friday (except holidays). Please call (202) 461-4902 for an 
appointment. (This is not a toll-free number.) In addition, during the 
comment period, comments may be viewed online through the Federal 
Docket Management System (FDMS) at www.Regulations.gov

FOR FURTHER INFORMATION CONTACT: Nick Olmos-Lau, M.D., FAAN, Medical 
Officer, Compensation Service, Veterans Benefits Administration, 
Department of Veterans Affairs, (211C) 810 Vermont Avenue NW., 
Washington, DC 20420, (202) 461-9700. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: As part of the ongoing revision of the VA 
Schedule for Rating Disabilities (``Rating Schedule''), VA is proposing 
changes to 38 CFR 4.119, Schedule of ratings-endocrine system. This 
section was last updated in 1996. The endocrine system is made up of 
multiple hormone-producing glands. Hormones are chemical messengers 
that control the function of many body processes. While the actual 
dysfunction occurs at the site of the gland, the signs and symptoms 
manifest in the body systems on which the specific hormones act. For 
diagnosis and acute management of endocrine diseases, medical 
professionals focus on addressing the problem within the endocrine 
system. However, the residual effects of an endocrine disease may 
manifest within multiple body systems. Therefore, in general, VA 
proposes specific criteria for the initial rating of endocrine diseases 
within Sec.  4.119 to account for the unique functional impairments 
associated with attempts to bring the condition under control. Once the 
condition is effectively managed or has reached maximal medical 
outcome, VA proposes to evaluate for the residual effects of disease 
within the appropriate (adversely impacted) body system. For rating 
clarity, the most commonly impacted systems would be referenced within 
the specific diagnostic code (DC). By the revisions discussed herein, 
VA aims to update medical terminology, add medical conditions not 
currently in the Rating Schedule, revise the criteria to reflect 
medical advances, and clarify the criteria.
    In preparing this proposed revision, VA conducted a mini-summit in 
Washington, DC, on December 2, 2009. VA also researched current medical 
information and consulted with Veterans Health Administration (VHA) 
subject matter experts.

DC 7900: Hyperthyroidism, Including, But Not Limited to, Graves' 
Disease

    VA proposes to update the title of DC 7900. Currently, this DC is 
titled ``Hyperthyroidism.'' The most common cause of hyperthyroidism is 
Graves' disease, an autoimmune disease that affects multiple organ 
systems, including the eyes and skin. ``Hyperthyroidism (overactive 
thyroid),'' Mayo Clinic, http://www.mayoclinic.com/health/hyperthyroidism/DS00344/DSECTION =causes. Given the prevalence of 
hyperthyroidism due to Graves' Disease, VA proposes to explicitly 
recognize Graves' disease under this DC by changing the title of DC 
7900 from ``Hyperthyroidism'' to ``Hyperthyroidism, including, but not 
limited to, Graves' disease.'' This is not a substantive change, but 
simply an effort to increase rating efficiency. To account for less 
common causes of hyperthyroidism not addressed by other DCs, VA does 
not propose to limit this DC so that it is only applicable to Graves' 
disease.
    Hyperthyroidism refers to the excess synthesis or secretion of 
thyroid hormone. Regardless of the specific cause, the symptoms 
directly caused by excess thyroid hormone are the same. Therefore, VA 
proposes to evaluate the disability associated with excess thyroid 
hormone using a single set of rating criteria that reflects an earlier 
diagnosis and current treatment options. Medical advances have 
facilitated earlier diagnosis and treatment of hyperthyroidism. 
Treatment is directed at symptom relief and includes antithyroid 
medications, radioactive iodine therapy, and thyroidectomy (surgical 
removal of the thyroid gland). Earlier treatment has decreased the 
duration and severity of both acute and chronic symptoms of 
hyperthyroidism, as well as its disabling residual effects. Therefore, 
the existing evaluations of 100 and 60 percent for this condition are 
no longer appropriate and VA proposes to no longer assign them.
    In the majority of cases, by the time patients present with the 
symptoms currently reflected in the criteria for a 30 percent 
evaluation (tachycardia, tremor, and increased blood pressure or pulse 
pressure), treatment is initiated. With treatment, these symptoms 
generally resolve completely within three to six months. Therefore, VA 
proposes to evaluate hyperthyroidism at 30 percent for six months after 
initial diagnosis. Because symptoms generally resolve completely while 
the 30 percent evaluation is applicable, VA also proposes to no longer 
assign a 10 percent evaluation. To account for symptoms that do not 
resolve completely within six months, VA proposes adding a directive 
instructing VA personnel to ``rate residuals of disease or 
complications of medical treatment . . . within the appropriate body 
system.''
    Since cardiovascular abnormalities are common in hyperthyroidism, 
and some persist despite treatment with antithyroid medications, VA 
proposes an alternative to the current approach which rates certain 
cardiovascular manifestations within DC 7900 but refers VA personnel to 
DC 7008 (hyperthyroid heart disease) if heart disease is the 
predominant disability (see current Note (1)). Hyperthyroidism is 
associated with a variety of cardiovascular problems including 
tachycardia, systolic hypertension, cardiac arrhythmias particularly 
atrial fibrillation, supraventricular tachycardia, congestive heart 
failure or angina among others. See Faizel Osman et al., 
``Cardiovascular manifestations of hyperthyroidism before and after 
antithyroid therapy,'' 49 (1) J. Am. College of Cardiology, 71-81 
(2007). In order to address more specifically cardiovascular issues 
related to hyperthyroidism, VA proposes to modify the existing Note (1) 
to state that if cardiovascular or cardiac problems related to 
hyperthyroidism are present separately evaluate under DC 7008.
    In order to clarify a potentially confusing element in DC 7008 that 
directs hyperthyroid heart disease to be part of the overall evaluation 
of hyperthyroidism under DC 7900, VA

[[Page 39013]]

proposes to amend DC 7008 by directing that hyperthyroid heart disease 
be rated under the appropriate cardiovascular diagnostic code, 
depending on particular findings.
    Currently, DC 7008 states that only when atrial fibrillation is 
present hyperthyroidism may be evaluated either under DC 7900 or under 
7010 (supraventricular arrhythmia), whichever results in a higher 
evaluation. As described above, the potential cardiovascular conditions 
related to hyperthyroidism are numerous and complex, and the current 
approach limits the alternatives and precludes optimal assessment in 
instances other than for atrial fibrillation.
    Currently, Note (2) of DC 7900 states: ``If ophthalmopathy is the 
sole finding, evaluate as field vision, impairment of (DC 6080); 
diplopia (DC 6090); or impairment of central visual acuity (DC 6061-
6079).'' In the case of Graves' disease, which is evaluated under 
proposed DC 7900, eye abnormalities can occur independently and in the 
absence of hyperthyroidism. As such, it is not appropriate to limit 
evaluation of such manifestations under either DC 7900 or an 
appropriate DC within the eye body system. VA therefore proposes to 
revise current Note (2) to read: Separately evaluate eye involvement 
occurring as a manifestation of Graves' Disease as diplopia (DC 6090); 
impairment of central visual acuity (DCs 6061-6066); or under the most 
appropriate DCs in Sec.  4.79.

DC 7901: Thyroid Enlargement, Toxic

    VA proposes to update the title of DC 7901 from ``Thyroid gland, 
toxic adenoma of'' to ``Thyroid enlargement, toxic.'' When discussing 
thyroid enlargement, ``toxic'' is the term used by the medical 
community to indicate overactive thyroid function, also known as 
hyperthyroidism. Currently, the rating criteria accompanying this DC 
are identical to that accompanying current DC 7900. Therefore, rather 
than repeating the criteria for hyperthyroidism, VA proposes Note (1) 
to direct raters to evaluate toxic thyroid enlargement under proposed 
DC 7900 (hyperthyroidism, including, but not limited to, Graves' 
disease).
    An enlarged thyroid may cause a visible swelling at the base of the 
neck or thyroidectomy may result in disfigurement. To account for such 
disfigurement, VA proposes Note (2) directing VA personnel: If 
disfigurement of the neck is present due to thyroid disease or 
enlargement, separately evaluate under DC 7800 (burn scar(s) of the 
head, face, or neck; scar(s) of the head, face, or neck due to other 
causes; or other disfigurement of the head, face, or neck).

DC 7902: Thyroid Enlargement, nontoxic

    VA proposes to change the current title of DC 7902, ``Thyroid 
gland, nontoxic adenoma of,'' to ``Thyroid enlargement, nontoxic.'' In 
the context of thyroid function, ``nontoxic'' means that thyroid 
function is normal.
    Because thyroid function is normal, the disabling effects of 
nontoxic thyroid enlargement are a result of disfigurement or pressure 
on adjacent organs. A person with this condition may experience one or 
both of these effects. However, under the current criteria an 
evaluation may only be assigned for the more disabling effect. 
Therefore, to better reflect the full impact of the condition, VA 
proposes to amend the existing criteria to account for both effects 
occurring simultaneously.
    When the enlarged thyroid gland compresses adjacent organs, it may 
produce symptoms due to pressure on anterior neck structures, including 
the trachea (wheezing, cough), the esophagus (dysphagia), and the 
recurrent laryngeal nerve (hoarseness). The severity of disabilities 
related to pressure on adjacent organs is best evaluated under the 
DC(s) within the appropriate body system. Therefore, VA proposes to 
edit the current note under DC 7902, which would be proposed Note (1), 
to clarify VA's intention to evaluate the symptoms due to pressure on 
adjacent organs under the appropriate diagnostic code within the 
appropriate body system and to delete the current phrase ``if doing so 
would result in a higher evaluation than using this [DC].'' Currently, 
DC 7902 provides a 20 percent evaluation when there is disfigurement of 
the head or neck and a 0 percent evaluation when there is no such 
disfigurement. Disfigurement due to an enlarged thyroid gland is not 
defined in the existing criteria and, therefore, is subject to 
individual interpretation. Objective criteria for evaluating 
disfigurement of the neck already exist under DC 7800 (burn scar(s) of 
the head, face, or neck; scar(s) of the head, face, or neck due to 
other causes; or other disfigurement of the head, face, or neck). 
Because this set of criteria covers all types of disfigurement of the 
neck and provides a wider range of disability compensation, VA proposes 
deletion of the current criteria and addition of proposed Note (2) 
stating that disfigurement of the neck related to nontoxic thyroid 
enlargement should be evaluated under DC 7800.
    The proposed notes read as follows: ``Note (1): Evaluate symptoms 
due to pressure on adjacent organs (such as the trachea, larynx, or 
esophagus) under the appropriate diagnostic code(s) within the 
appropriate body system.'' ``Note (2): If disfigurement of the neck is 
present due to thyroid disease or enlargement, separately evaluate 
under DC 7800 (burn scar(s) of the head, face, or neck; scar(s) of the 
head, face, or neck due to other causes; or other disfigurement of the 
head, face, or neck).''

DC 7903: Hypothyroidism

    Hypothyroidism is currently evaluated at levels of 100, 60, 30, and 
10 percent. Severe hypothyroidism is characterized by myxedema (coma or 
crisis), a life-threatening form of hypothyroidism found predominantly 
in undiagnosed or undertreated individuals that requires inpatient 
hospitalization for stabilization. Medical advances in the diagnosis 
and treatment of hypothyroidism have decreased the incidence of 
myxedema to the point that myxedema coma occurs in only 0.1 percent of 
all cases of hypothyroidism. Erik D Schraga, MD, ``Hypothyroidism and 
Myxedema Coma in Emergency Medicine,'' Medscape Reference (Mar. 29, 
2012), http://emedicine.medscape.com/article/768053-overview. Symptoms 
of myxedema are currently evaluated at 100 and 60 percent. However, 
given the severity of the condition, a 60 percent evaluation is 
insufficient. Therefore, VA proposes a 100 percent evaluation for all 
instances of hypothyroidism with myxedema. VA proposes to add a note to 
provide: ``This evaluation shall continue for six months beyond the 
date that an examining physician has determined crisis stabilization. 
Thereafter, the residual effects of hypothyroidism shall be rated under 
the appropriate diagnostic code(s) within the appropriate body 
system(s) (e.g., eye, digestive, and mental disorders).''
    Medical management of hypothyroidism, in the absence of myxedema, 
results in improvement of laboratory values within a few weeks. 
However, alleviation of other clinical symptoms may take up to six 
months to resolve. See Bijay Vaidya, ``Management of Hypthyroidism,'' 
BMJ 337:a801 (2008). Therefore, VA proposes to evaluate hypothyroidism 
in the absence of myxedema at 30 percent for six months after initial 
diagnosis and would explain this in a note that would also provide 
that, thereafter, the residual effects of hypothyroidism shall be rated 
under the most appropriate diagnostic code(s) within the appropriate 
body

[[Page 39014]]

system(s) (e.g., eye, digestive, and mental disorders).
    VA also proposes to add a note to provide that eye involvement 
associated with hypothyroidism would also be evaluated under Sec.  
4.79. Specifically, the proposed note reads: ``If eye involvement, such 
as exophthalmos, corneal ulcer, blurred vision, or diplopia, is also 
present due to thyroid disease, also separately evaluate under 
appropriate diagnostic code(s) in Sec.  4.79, Schedule of Ratings--Eye 
(such as diplopia (DC 6090) or impairment of central visual acuity (DCs 
6061-6066)).''

DC 7904: Hyperparathyroidism

    Hyperparathyroidism, DC 7904, is currently evaluated at levels of 
100, 60, and 10 percent. Due to increased routine laboratory testing, 
hyperparathyroidism is usually diagnosed before patients develop severe 
disease and often before any signs or symptoms, such as kidney stones, 
gastrointestinal problems or weakness, are present. John I. Lew, 
``Surgical Management of Primary Hyperparathyroidism: State of the 
Art,'' 89 Surgical Clinics of N. Am. 1205-25 (2009); 
``Hyperparathyroidism,'' Mayo Clinic, http://www.mayoclinic.com/health/hyperparathyroidism/DS00396. Therefore, the existing criteria for 
evaluations at the 100 and 60 percent rating are no longer appropriate, 
and VA proposes revision of all the criteria consistent with medical 
advances.
    Individuals diagnosed with hyperparathyroidism, but without 
symptoms (asymptomatic), require annual monitoring of their serum 
calcium levels and creatinine clearance (renal function). Bone density 
monitoring is also required every one to two years. These tests help 
medical professionals monitor the progression of the disease and to 
determine when surgery is necessary. Therefore, VA proposes to evaluate 
asymptomatic hyperparathyroidism at 0 percent.
    Individuals with mild hyperparathyroidism may develop symptoms of 
hypercalcemia before surgery is determined to be necessary. Even after 
surgery, mild symptoms may persist. Therefore, VA proposes a 10 percent 
evaluation for the presence of symptoms, such as fatigue, anorexia, 
nausea, or constipation, despite surgery or in subjects deemed not to 
be candidates for surgery who require continuous medications for 
control.
    Potential complications of hyperparathyroidism include gastric 
ulcers, kidney stones, decrease kidney function, and decreased bone 
mass associated with fragility fractures. Early intervention through 
laboratory monitoring generally prevents these complications. An 
increase in serum calcium, decreases in creatinine clearance, and 
decreases in bone density are used as laboratory indicators for the 
worsening of disease and evaluation for surgical intervention. 
Therefore, VA proposes a 60 percent evaluation for hypercalcemia 
indicated by at least one of the following: Total Ca greater than 12mg/
dL (3-3.5 mmol/L), Ionized Ca greater than 5.6 mg/dL (2-2.5 mmol/L), 
creatinine clearance less than 60 mL/min, bone mineral density T-score 
less than 2.5 (SD below mean) at any site or previous fragility 
fracture). Because these findings indicate that surgical or 
pharmacologic intervention is warranted and such intervention usually 
resolves symptoms, VA proposes that the 60 percent evaluation shall 
continue until such intervention occurs. If surgery is not indicated, 
the 60 percent evaluation would continue for 6 months after 
pharmacological treatment begins. After six months, rating would be 
based on residuals under the appropriate diagnostic code(s) within the 
appropriate body system based on examination.
    Parathyroidectomy is the treatment of choice for symptomatic 
hyperparathyroidism. Therefore, VA proposes a 100 percent evaluation 
for six months after surgical intervention for hyperparathyroidism and 
thereafter, an evaluation based on the residuals of hyperparathyroidism 
or medical treatment under the appropriate diagnostic code(s) within 
the appropriate body system.
    VA proposes to amend the current note under DC 7904 by numbering 
the note as proposed Note (4) and clarifying that the residuals of 
hyperparathyroidism are to be rated under the appropriate DC. The 
current note reads: ``Following surgery or treatment, evaluate as 
digestive, skeletal, renal, or cardiovascular residuals or as endocrine 
dysfunction.'' The proposed Note (4) reads: ``Following surgery or 
other treatment, evaluate chronic residuals, such as nephrolithiasis 
(kidney stones), decreased renal function, fractures, vision problems, 
and cardiovascular complications, under the appropriate diagnostic 
codes.''

DC 7905: Hypoparathyroidism

    Parathyroid hormone controls the balance of calcium in the body. 
When there is not enough of this hormone, the condition is known as 
hypoparathyroidism. The predominant symptoms of hypoparathyroidism is 
neuromuscular irritability, including, but not limited to, paresthesias 
(tingling and numbness involving fingertips, toes, or perioral area), 
hyperirritability, fatigue, anxiety, mood swings and/or personality 
disturbances, seizures, hoarseness (due to laryngospasm), wheezing and 
dyspnea (due to bronchospasm), muscle cramps, and electrolyte 
imbalances (hypomagnesemia, hypokalemia, and alkalosis).
    Currently, evaluations are assigned based on some of these 
symptoms. However, because many of the symptoms of parathyroid hormone 
deficiency are caused by an imbalance of calcium in the body (decreased 
extracellular ionized calcium levels and hypocalcemia), when 
hypoparathyroidism is treated with calcium and vitamin D 
supplementation, the symptoms are generally eliminated. Paul 
Fitzgerald, ``Chapter 26. Endocrine Disorders'' (2014), http://accessmedicine.mhmedical.com/content.aspx?bookid=330&Sectionid=44291028. Therefore, VA proposes new 
evaluation criteria that account for this treatment. Specifically, VA 
proposes a 100 percent evaluation for three months after initial 
diagnosis and, thereafter, to rate residual effects, such as 
nephrolithiasis (kidney stones), cataracts, decreased renal function, 
and congestive heart failure under the appropriate DCs.

New DC 7906: Thyroiditis

    VA proposes to add a new DC for thyroiditis, which is inflammation 
of the thyroid gland. The condition most often results from an 
autoimmune disease (known as Hashimoto's thyroiditis), where the immune 
system attacks the thyroid gland.
    However, regardless of the specific cause, thyroiditis may manifest 
as hyperthyroidism, hypothyroidism, or with no change in thyroid 
function. Because hyperthyroidism and hypothyroidism would be addressed 
in the Rating Schedule as proposed DCs 7900 and 7903, respectively, VA 
proposes a note to clarify that these manifestations be rated under 
those DCs.
    While thyroiditis may also be present in a person with normal 
thyroid function, because thyroiditis increases the likelihood of 
developing hyperthyroidism or hypothyroidism, the thyroid function of 
these individuals must be monitored. This factor is not currently 
accounted for in the Rating Schedule. Therefore, for these individuals, 
VA proposes that a 0 percent evaluation for asymptomatic thyroiditis be 
associated with this DC.

[[Page 39015]]

DC 7907: Cushing's Syndrome

    Cushing's syndrome is the result of prolonged elevation in the 
amount of glucocorticoid in the body. The severity of the signs and 
symptoms is determined by the duration and level of glucocorticoid 
exposure.
    Currently, evaluations for Cushing's syndrome are assigned based in 
part on enlargement of the adrenal gland (which produces these 
hormones) and the pituitary gland (which produces hormones that trigger 
the adrenal gland). However, glandular enlargement is not indicative of 
disease severity. Exogenous glucocorticoid exposure (the intake of 
glucocorticoids), the most common cause of Cushing's syndrome, does not 
involve enlargement of the pituitary or adrenal glands. Therefore, VA 
proposes to delete the requirement for the presence of enlargement of 
the pituitary or adrenal gland as one of the criteria required for 100 
and 60 percent evaluations.
    The muscle weakness associated with Cushing's syndrome is a result 
of proximal muscle wasting and weakness caused by excess glucocorticoid 
hormones. This muscle wasting results in the inability to rise from a 
squatting position without assistance, and, in more severe cases, the 
inability to climb stairs or get up from a deep chair. Lynnette K. 
Nieman, MD, ``Epidemiology and clinical manifestations of Cushing's 
syndrome'' UpToDate (Oct. 22, 2013), http://www.uptodate.com/contents/epidemiology-and-clinical-manifestations-of-cushings-syndrome. To 
clarify the criteria for 100 and 60 percent evaluations, VA proposes to 
replace ``loss of muscle strength'' with the more specific criteria of 
``proximal upper and lower extremity muscle wasting that results in 
inability to rise from squatting position, climb stairs, rise from a 
deep chair without assistance, or raise arms.'' VA also proposes to 
remove ``weakness'' from the list of criteria for a 100 percent 
evaluation because it is already captured with language replacing 
``loss of muscle strength.'' With these proposed modifications, a 100 
percent evaluation would be assigned for Cushing's syndrome if there is 
``active, progressive disease, including areas of osteoporosis, 
hypertension, and proximal upper and lower extremity muscle wasting 
that results in inability to rise from a squatting position, climb 
stairs, rise from a deep chair without assistance, or raise arms.'' 
Similarly, VA proposes a 60 percent evaluation for Cushing's syndrome 
if there is ``[p]roximal upper or lower extremity muscle wasting that 
results in inability to rise from a squatting position, climb stairs, 
rise from a deep chair without assistance, or raise arms.'' VA proposes 
no change to the current 30 percent evaluation criteria.
    The treatment for Cushing's syndrome is determined by the 
glucocorticoid source. Endogenous hypercortisolism (overproduction of 
glucocorticoid hormones by the adrenal gland) is treated by surgical 
removal of the adrenal gland, medical adrenalectomy, surgical resection 
of a pituitary tumor, or radiation therapy of the pituitary gland. 
Exogenous hypercortisolism is treated via gradual reduction of the 
outside source, such as corticosteroid medications. Because early 
medical intervention has decreased the complications associated with 
Cushing's syndrome, VA proposes evaluations for Cushing's syndrome at 
the 100, 60, or 30 percent level for six months after initial 
diagnosis. Because treatment may not completely eliminated 
complications or may itself be associated with complications, after six 
months, VA proposes to rate residuals such as adrenal insufficiency, 
cardiovascular, psychiatric, skin, or skeletal complications under the 
appropriate diagnostic code(s) within the appropriate body system. 
Therefore, VA proposes to amend the note following DC 7907 to reflect 
the above proposed changes.

DC 7908: Acromegaly

    Acromegaly, DC 7908, is a condition in which the pituitary gland 
produces excess growth hormone, usually due to a benign tumor. The 
excessive amount of hormone results in enlargement of various body 
tissues, including bone. Acromegaly is currently evaluated at levels of 
100, 60, and 30 percent. VA proposes no changes in the evaluation 
criteria for the 100 and 60 percent levels. The current 30 percent 
evaluation criteria for acromegaly require that there be enlargement of 
acral parts or overgrowth of long bones, and an enlarged sella turcica 
(the depression at the base of the skull where the pituitary gland is 
located). VA proposes to remove ``enlarged sella turcica'' as one of 
the required criteria. Although acromegaly is generally due to a 
pituitary tumor (which commonly results in enlargement of the sella 
turcica), it occasionally arises from causes that do not produce an 
enlarged sella turcica. Further, enlargement of the sella turcica is 
not an indicator of the severity of the condition. Therefore, it is not 
appropriate to retain ``enlarged sella turcica'' as a required 
criterion, and VA proposes to remove it.

DC 7909: Diabetes Insipidus

    Inadequate secretion of or a resistance to antidiuretic hormone 
(ADH) is the cause of diabetes insipidus (DI). ADH limits the amount of 
water that the kidneys allow to leave the body. A lack of or resistance 
to ADH causes excessive excretion of free water. This disease is 
characterized by polyuria (frequent urination), polydipsia (excessive 
thirst), and nocturia (frequent night time urination). Without 
treatment, dehydration and bladder enlargement commonly result. If 
treated, diabetes insipidus does not cause severe problems or a 
reduction in life expectancy. See Goldman's Cecil Medicine Chapter 232 
(24th ed. 2011). The prognosis for this disease is excellent, because 
it is frequently transient and there are excellent medications with 
different means of administration to treat the condition on a chronic 
basis if this condition becomes permanent. Most individuals, even in 
emergency situations, can replace urine loss with increased fluid 
intake. Therefore, the reliance in the current criteria on the need for 
parenteral (IV) hydration is no longer appropriate, and VA proposes 
deletion of the current criteria.
    In its place, in order to allow the condition to become stabilized 
and to determine if the condition is transient or becoming permanent, 
VA proposes a 30 percent evaluation for three months after the initial 
diagnosis. Once the condition is stabilized, the need for long term 
medication can be assessed. Many patients are able to control their 
condition with oral or trans-nasal medication, while others require 
parenteral treatment (when oral or trans-nasal medications are either 
not tolerable or effective). Therefore, VA proposes a reevaluation of 
diabetes insipidus after the three month period. If DI has subsided, VA 
would rate any residuals under the appropriate diagnostic code(s) 
within the appropriate body system. For those DI cases with persistent 
polyuria or requiring continuous hormonal therapy, VA proposes a 10 
percent rating.

DC 7911: Addison's Disease (Adrenocortical Insufficiency)

    The medical community has shifted from the term ``adrenal cortical 
hypofunction'' to the term ``adrenocortical insufficiency.'' Therefore, 
for clarity and consistency with current medical terminology, VA 
proposes to retitle this DC ``Addison's disease (adrenocortical 
insufficiency).'' VA does not propose changes to the

[[Page 39016]]

rating criteria and notes associated with this DC.

DC 7912: Polyglandular Syndrome (Multiple Endocrine Neoplasia, 
Autoimmune Polyglandular Syndrome)

    ``Pluriglandular syndrome'' refers, not to a single condition, but 
to a group of conditions that impact multiple glands in the body. 
Therefore, a person is likely to be given a more specific diagnosis, 
rather than one with this general term. Therefore, VA proposes to 
include the most common forms of the condition in the title of the DC. 
Also, over time, the medical community has shifted from the term 
``pluriglandular'' to ``polyglandular'' when referring to this 
condition. Therefore, to better reflect the terminology currently 
associated with the condition, VA proposes to update the title of DC 
7912 to ``Polyglandular syndrome (multiple endocrine neoplasia, 
autoimmune polyglandular syndrome).'' The current guidance for 
evaluation is to evaluate according to major manifestations. VA 
proposes to revise the guidance to include some of the common 
manifestations of the syndrome. The proposed guidance reads: ``Evaluate 
according to major manifestations to include, but not limited to, Type 
I diabetes mellitus, hyperthyroidism, hypothyroidism, 
hypoparathyroidism, or Addison's disease.''

DC 7913: Diabetes Mellitus

    Diabetes mellitus is a complex condition that impacts individuals 
in a variety of ways. At this time, VA proposes only one clarifying 
amendment to this DC. VA proposes to clarify that the rating criteria 
for a 20, 40, or 60 percent rating require ``one or more daily 
injection'' of insulin. This clarifying amendment is not a substantive 
change but rather a clarification of VA's interpretation of this DC 
that an injection of insulin is required to achieve a 20, 40, 60, or 
100 percent rating. To ensure that the full range of relevant factors 
is adequately addressed, VA is not proposing to amend the remaining 
rating criteria pertaining to this DC at this time. Rather, VA intends 
to establish a work group to specifically address this condition. Upon 
consideration of the work group's findings, VA will determine whether 
amendments to the remaining existing criteria are necessary and such 
amendments, if any, will be addressed in a future proposal.

DC 7914: Neoplasm, Malignant, Any Specified Part of the Endocrine 
System

    VA proposes no changes at this time.

DC 7915: Neoplasm, Benign, Any Specified Part of the Endocrine System

    VA proposes to retain the existing direction to rate this condition 
based on residuals of endocrine dysfunction, but separate the rating 
direction from the title of DC 7915.

DC 7916: Hyperpituitarism (Prolactin Secreting Pituitary Dysfunction)

    The existing note regarding the evaluation of this condition also 
applies to DCs 7917 and 7918 and is given after DC 7918. Therefore, it 
can be overlooked with regard to the other DCs. Therefore, VA proposes 
to include the same note regarding the evaluation of each condition 
directly under each DC and to amend the current note to reflect the 
proposed change. The conditions would all continue to be evaluated as 
malignant or benign neoplasm, as appropriate, so no substantive change 
is being made.

DC 7917: Hyperaldosteronism (Benign or Malignant)

    See discussion of DC 7916.

DC 7918: Pheochromocytoma (Benign or Malignant)

    See discussion of DC 7916.

DC 7919: C-cell Hyperplasia of the Thyroid

    Currently, this condition is rated in the same way as a malignant 
neoplasm. However, this does not adequately address all potential 
manifestations of this condition. Therefore, VA proposes to replace the 
existing note with one that provides as follows: ``If antineoplastic 
therapy is required, evaluate as a malignant neoplasm under DC 7914. If 
a prophylactic thyroidectomy is performed (based upon genetic testing) 
and antineoplastic therapy is not required, evaluate as hypothyroidism 
under DC 7903.'' These changes are in keeping with current medical 
information about C-cell hyperplasia.

Technical Amendments

    VA also proposes several technical amendments. We would add a 
citation reference to 38 U.S.C. 1155 at the end of Sec.  4.119, and we 
would update Appendix A, B, and C of part 4 to reflect the above noted 
proposed amendments.

Paperwork Reduction Act

    This proposed rule contains no provisions constituting a collection 
of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3521).

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act (5 
U.S.C. 601-612). This proposed rule would directly affect only 
individuals and would not directly affect small entities. Therefore, 
pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the initial 
and final regulatory flexibility analysis requirements of sections 603 
and 604.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action'' requiring review by the Office of 
Management and Budget (OMB), unless OMB waives such review, as ``any 
regulatory action that is likely to result in a rule that may: (1) Have 
an annual effect on the economy of $100 million or more or adversely 
affect in a material way the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities; (2) 
Create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; (3) Materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; or (4) Raise novel legal 
or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined to be a significant regulatory action under Executive 
Order 12866 because it is likely to result in a rule that may raise 
novel policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive Order. VA's 
impact

[[Page 39017]]

analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking 
document is published. Additionally, a copy of this rulemaking and its 
impact analysis are available on VA's Web site at http://www.va.gov/orpm/, by following the link for ``VA Regulations Published From FY 
2004 Through Fiscal Year to Date.''

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

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.104, Pension for Non-
Service-Connected Disability for Veterans, and 64.109, Veterans 
Compensation for Service-Connected Disability.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Robert L. 
Nabors, II, Chief of Staff, approved this document on June 30, 2015, 
for publication.

List of Subjects in 38 CFR Part 4

    Disability benefits, Pensions, Veterans.

    Dated: July 1, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy & Management, Office of 
the General Counsel, Department of Veterans Affairs.

    For the reasons set out in the preamble, the Department of Veterans 
Affairs proposes to amend 38 CFR part 4 as set forth below:

PART 4--SCHEDULE FOR RATING DISABILITIES

Subpart B--Disability Ratings

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.  4.104 by revising the entry for 7008 to read as follows:


Sec.  4.104  Schedule of ratings--cardiovascular system.

                          Diseases of the Heart
------------------------------------------------------------------------
                                                       Rating
------------------------------------------------------------------------
 
                                * * * * *
7008 Hyperthyroid heart disease.
  Rate under the appropriate
   cardiovascular diagnostic code,
   depending on particular findings.
 
                                * * * * *
------------------------------------------------------------------------

0
3. Section 4.119 is revised to read as follows:

The Endocrine System


Sec.  4.119  Schedule of ratings--endocrine system.

------------------------------------------------------------------------
                                                              Rating
------------------------------------------------------------------------
7900 Hyperthyroidism, including, but not limited to,
 Graves' disease:
    For six months after initial diagnosis..............              30
    Thereafter, rate residuals of disease or
     complications of medical treatment within the
     appropriate diagnostic code(s) within the
     appropriate body system.
    Note (1): If hyperthyroid cardiovascular or cardiac
     disease is present, separately evaluate under DC
     7008 (hyperthyroid heart disease).
    Note (2): Separately evaluate eye involvement
     occurring as a manifestation of Graves' Disease as
     diplopia (DC 6090); impairment of central visual
     acuity (DCs 6061-6066); or under the most
     appropriate DCs in Sec.   4.79.
7901 Thyroid enlargement, toxic.
    Note (1): Evaluate symptoms of hyperthyroidism under
     DC 7900, hyperthyroidism, including, but not
     limited to, Graves' disease.
    Note (2): If disfigurement of the neck is present
     due to thyroid disease or enlargement, separately
     evaluate under DC 7800 (burn scar(s) of the head,
     face, or neck; scar(s) of the head, face, or neck
     due to other causes; or other disfigurement of the
     head, face, or neck).
7902 Thyroid enlargement, nontoxic:
    Note (1): Evaluate symptoms due to pressure on
     adjacent organs (such as the trachea, larynx, or
     esophagus) under the appropriate diagnostic code(s)
     within the appropriate body system.
    Note (2): If disfigurement of the neck is present
     due to thyroid disease or enlargement, separately
     evaluate under DC 7800 (burn scar(s) of the head,
     face, or neck; scar(s) of the head, face, or neck
     due to other causes; or other disfigurement of the
     head, face, or neck).
7903 Hypothyroidism:
    Hypothyroidism manifesting as myxedema (cold                     100
     intolerance, muscular weakness, cardiovascular
     involvement (including, but not limited to
     hypotension, bradycardia, and pericardial
     effusion), and mental disturbance (including, but
     not limited to dementia, slowing of thought and
     depression)).......................................
    Note (1): This evaluation shall continue for six
     months beyond the date that an examining physician
     has determined crisis stabilization. Thereafter,
     the residual effects of hypothyroidism shall be
     rated under the appropriate diagnostic code(s)
     within the appropriate body system(s) (e.g., eye,
     digestive, and mental disorders).
    Hypothyroidism without myxedema.....................              30
    Note (2): This evaluation shall continue for six
     months after the initial diagnosis. Thereafter,
     rate residuals of disease or medical treatment
     under the most appropriate diagnostic code(s)under
     the appropriate body system (e.g., eye, digestive,
     mental disorders).
    Note (3): If eye involvement, such as exophthalmos,
     corneal ulcer, blurred vision, or diplopia, is also
     present due to thyroid disease, also separately
     evaluate under the appropriate diagnostic code(s)
     in Sec.   4.79, Schedule of Ratings--Eye (such as
     diplopia (DC 6090) or impairment of central visual
     acuity (DCs 6061-6066)).

[[Page 39018]]

 
7904 Hyperparathyroidism
    For six months from date of discharge following                  100
     surgery............................................
    Note (1): After six months, rate on residuals under
     the appropriate diagnostic code(s) within the
     appropriate body system(s) based on a VA
     examination.
    Hypercalcemia (indicated by at least one of the                   60
     following: Total Ca greater than 12mg/dL (3-3.5
     mmol/L), Ionized Ca greater than 5.6 mg/dL (2-2.5
     mmol/L), creatinine clearance less than 60 mL/min,
     bone mineral density T-score less than 2.5 SD
     (below mean) at any site or previous fragility
     fracture)
    Note (2): Where surgical intervention is indicated,
     this evaluation shall continue until the day of
     surgery, at which time the provisions pertaining to
     a 100 percent evaluation shall apply.
    Note (3): Where surgical intervention is not
     indicated, this evaluation shall continue for six
     months after pharmacologic treatment begins. After
     six months, rate on residuals under the appropriate
     diagnostic code(s) within the appropriate body
     system(s) based on a VA examination.
    Symptoms such as fatigue, anorexia, nausea, or                    10
     constipation that occur despite surgery; or in
     individuals who are not candidates for surgery but
     require continuous medication for control..........
    Asymptomatic........................................               0
    Note (4): Following surgery or other treatment,
     evaluate chronic residuals, such as nephrolithiasis
     (kidney stones), decreased renal function,
     fractures, vision problems, and cardiovascular
     complications, under the appropriate diagnostic
     codes.
7905 Hypoparathyroidism:
    For three months after initial diagnosis............             100
    Thereafter, evaluate chronic residuals, such as
     nephrolithiasis (kidney stones), cataracts,
     decreased renal function, and congestive heart
     failure under the appropriate diagnostic codes.
7906 Thyroiditis
    With normal thyroid function (euthyroid)............               0
    Note: Manifesting as hyperthyroidism, evaluate as
     hyperthyroidism, including, but not limited to,
     Graves' disease (DC 7900); manifesting as
     hypothyroidism, evaluate as hypothyroidism (DC
     7903).
7907 Cushing's syndrome:
    As active, progressive disease, including areas of               100
     osteoporosis, hypertension, and proximal upper and
     lower extremity muscle wasting that results in
     inability to rise from squatting position, climb
     stairs, rise from a deep chair without assistance,
     or raise arms......................................
    Proximal upper or lower extremity muscle wasting                  60
     that results in inability to rise from squatting
     position, climb stairs, rise from a deep chair
     without assistance, or raise arms..................
    With striae, obesity, moon face, glucose                          30
     intolerance, and vascular fragility................
    Note: The evaluations specifically indicated under
     this diagnostic code shall continue for six months
     following initial diagnosis. After six months, rate
     on residuals under the appropriate diagnostic
     code(s) within the appropriate body system(s).
7908 Acromegaly:
    Evidence of increased intracranial pressure (such as             100
     visual field defect), arthropathy, glucose
     intolerance, and either hypertension or
     cardiomegaly.......................................
    Arthropathy, glucose intolerance, and hypertension..              60
    Enlargement of acral parts or overgrowth of long                  30
     bones..............................................
7909 Diabetes insipidus:
    For three months after initial diagnosis............              30
    Note: Thereafter, if Diabetes insipidus has
     subsided, rate residuals under the appropriate
     diagnostic code(s) within the appropriate body
     system.
    With persistent polyuria or requiring continuous                  10
     hormonal therapy...................................
7911 Addison's disease (adrenalcortical insufficiency):
    Four or more crises during the past year............              60
    Three crises during the past year, or; five or more               40
     episodes during the past year......................
    One or two crises during the past year, or; two to                20
     four episodes during the past year, or; weakness
     and fatigability, or; corticosteroid therapy
     required for control...............................
    Note (1): An Addisonian ``crisis'' consists of the
     rapid onset of peripheral vascular collapse (with
     acute hypotension and shock), with findings that
     may include: anorexia; nausea; vomiting;
     dehydration; profound weakness; pain in abdomen,
     legs, and back; fever; apathy, and depressed
     mentation with possible progression to coma, renal
     shutdown, and death.
    Note (2): An Addisonian ``episode,'' for VA
     purposes, is a less acute and less severe event
     than an Addisonian crisis and may consist of
     anorexia, nausea, vomiting, diarrhea, dehydration,
     weakness, malaise, orthostatic hypotension, or
     hypoglycemia, but no peripheral vascular collapse.
    Note (3): Tuberculous Addison's disease will be
     evaluated as active or inactive tuberculosis. If
     inactive, these evaluations are not to be combined
     with the graduated ratings of 50 percent or 30
     percent for non-pulmonary tuberculosis specified
     under Sec.   4.88b. Assign the higher rating.
7912 Polyglandular syndrome (multiple endocrine
 neoplasia, autoimmune polyglandular syndrome):
    Evaluate according to major manifestations to
     include, but not limited to, Type I diabetes
     mellitus, hyperthyroidism, hypothyroidism,
     hypoparathyroidism, or Addison's disease.
7913 Diabetes mellitus
    Requiring more than one daily injection of insulin,              100
     restricted diet, and regulation of activities
     (avoidance of strenuous occupational and
     recreational activities) with episodes of
     ketoacidosis or hypoglycemic reactions requiring at
     least three hospitalizations per year or weekly
     visits to a diabetic care provider, plus either
     progressive loss of weight and strength or
     complications that would be compensable if
     separately evaluated...............................
    Requiring one or more daily injection of insulin,                 60
     restricted diet, and regulation of activities with
     episodes of ketoacidosis or hypoglycemic reactions
     requiring one or two hospitalizations per year or
     twice a month visits to a diabetic care provider,
     plus complications that would not be compensable if
     separately evaluated...............................
    Requiring one or more daily injection of insulin,                 40
     restricted diet, and regulation of activities......
    Requiring one or more daily injection of insulin and              20
     restricted diet, or; oral hypoglycemic agent and
     restricted diet....................................
    Manageable by restricted diet only..................              10

[[Page 39019]]

 
    Note (1): Evaluate compensable complications of
     diabetes separately unless they are part of the
     criteria used to support a 100 percent evaluation.
     Noncompensable complications are considered part of
     the diabetic process under DC 7913.
    Note (2): When diabetes mellitus has been
     conclusively diagnosed, do not request a glucose
     tolerance test solely for rating purposes.
7914 Neoplasm, malignant, any specified part of the                  100
 endocrine system
    Note: A rating of 100 percent shall continue beyond
     the cessation of any surgical, X-ray,
     antineoplastic chemotherapy or other therapeutic
     procedure. Six months after discontinuance of such
     treatment, the appropriate disability rating shall
     be determined by mandatory VA examination. Any
     change in evaluation based upon that or any
     subsequent examination shall be subject to the
     provisions of Sec.   3.105(e) of this chapter. If
     there has been no local recurrence or metastasis,
     rate on residuals.
7915 Neoplasm, benign, any specified part of the
 endocrine system:
    Rate as residuals of endocrine dysfunction.
7916 Hyperpituitarism (prolactin secreting pituitary
 dysfunction):
    Note: Evaluate as malignant or benign neoplasm, as
     appropriate.
7917 Hyperaldosteronism (benign or malignant):
    Note: Evaluate as malignant or benign neoplasm, as
     appropriate.
7918 Pheochromocytoma (benign or malignant):
    Note: Evaluate as malignant or benign neoplasm as
     appropriate.
7919 C-cell hyperplasia of the thyroid:
    If antineoplastic therapy is required, evaluate as a
     malignant neoplasm under DC 7914. If a prophylactic
     thyroidectomy is performed (based upon genetic
     testing) and antineoplastic therapy is not
     required, evaluate as hypothyroidism under DC 7903.
------------------------------------------------------------------------


(Authority: 38 U.S.C. 1155)
0
3. Amend appendix A to part 4 by revising the entries for Secs. 
Sec. Sec.  4.104 and 4.119 to read as follows:

Appendix A to Part 4--Table of Amendments and Effective Dates Since 
1946

------------------------------------------------------------------------
                     Diagnostic
       Sec.           code No.
------------------------------------------------------------------------
 
                              * * * * * * *
4.104.............         7000  Evaluation July 6, 1950; evaluation
                                  September 22, 1978; evaluation January
                                  12, 1998.
 
                              * * * * * * *
                           7008  Evaluation January 12, 1998; evaluation
                                  [effective date of final rule].
 
                              * * * * * * *
4.119.............         7900  Criterion August 13, 1981; evaluation
                                  June 9, 1996; title [effective date of
                                  final rule]; evaluation [effective
                                  date of final rule]; criterion
                                  [effective date of final rule]; note
                                  [effective date of final rule].
                           7901  Criterion August 13, 1981; evaluation
                                  June 9, 1996; title [effective date of
                                  final rule]; evaluation [effective
                                  date of final rule]; criterion
                                  [effective date of final rule].
                           7902  Evaluation August 13, 1981; criterion
                                  June 9, 1996; title [effective date of
                                  final rule]; evaluation [effective
                                  date of final rule]; criterion
                                  [effective date of final rule]; note
                                  [effective date of final rule].
                           7903  Criterion August 13, 1981; evaluation
                                  June 9, 1996; evaluation [effective
                                  date of final rule]; criterion
                                  [effective date of final rule]; note
                                  [effective date of final rule].
                           7904  Criterion August 13, 1981; evaluation
                                  June 9, 1996; evaluation [effective
                                  date of final rule]; criterion
                                  [effective date of final rule]; note
                                  [effective date of final rule].
                           7905  Evaluation; August 13, 1981; evaluation
                                  June 9, 1996; evaluation [effective
                                  date of final rule]; criterion
                                  [effective date of final rule]; note
                                  [effective date of final rule]. Added
                                  [effective date of final rule].
                           7906  Evaluation; August 13, 1981; evaluation
                                  June 9, 1996; criterion [effective
                                  date of final rule]; note [effective
                                  date of final rule].
                           7907  Criterion August 13, 1981; criterion
                                  June 9, 1996; criterion [effective
                                  date of final rule].
                           7908  Evaluation August 13, 1981; criterion
                                  June 9, 1996; evaluation June 9, 1996;
                                  criterion [effective date of final
                                  rule]; note [effective date of final
                                  rule].
                           7909  Removed June 9, 1996.
                           7910  Evaluation March 11, 1969; evaluation
                                  August 13, 1981; criterion June 9,
                                  1996; title [effective date of final
                                  rule].
                           7911  Title [effective date of final rule].
                           7912  Criterion September 9, 1975; criterion
                                  August 13, 1981; criterion June 6,
                                  1996; evaluation June 9, 1996;
                                  criterion [effective date of final
                                  rule].
                           7913  Criterion March 10, 1976; criterion
                                  August 13, 1981; criterion June 9,
                                  1996.
                           7914  Criterion June 9, 1996.
                           7915  Added June 9, 1996.
                           7916  Added June 9, 1996.
                           7917  Added June 9, 1996.
                           7918  Added June 9, 1996; evaluation June 9,
                                  1996; criterion [effective date of
                                  final rule].
                           7919  * * *
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 39020]]

0
4. Amend Appendix B to Part 4 by revising the entries for diagnostic 
codes 7900, 7901, 7902, 7911, and adding diagnostic code 7906 to read 
as follows:

Appendix B to Part 4--Numerical Index of Disabilities

------------------------------------------------------------------------
    Diagnostic code No.
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
                          THE ENDOCRINE SYSTEM
------------------------------------------------------------------------
7900.......................  Hyperthyroidism, including, but not limited
                              to, Graves' disease.
7901.......................  Thyroid enlargement, toxic.
7902.......................  Thyroid enlargement, nontoxic.
 
                              * * * * * * *
7906.......................  Thyroiditis.
 
                              * * * * * * *
7911.......................  Addison's disease (adrenocortical
                              insufficiency).
7912.......................  Polyglandular syndrome (multiple endocrine
                              neoplasia, autoimmune polyglandular
                              syndrome).
 
                              * * * * * * *
------------------------------------------------------------------------

0
4. Amend appendix C by:
0
a. Adding entries for Graves' disease. Polyglandular syndrome and 
Thyroiditis in alphabetical order; and
0
b. Revising the disability entry for Thyroid gland. The additions and 
revision read as follows:

Appendix C to Part 4--Alphabetical Index of Disabilities

------------------------------------------------------------------------
                                                              Diagnostic
                                                               code No.
------------------------------------------------------------------------
 
                                * * * * *
Graves' disease............................................         7900
 
                                * * * * *
Polyglandular syndrome.....................................         7912
 
                                * * * * *
 
Thyroid gland
    Nontoxic thyroid enlargement...........................         7902
    Toxic thyroid enlargement..............................         7901
Thyroiditis................................................         7906
 
                                * * * * *
------------------------------------------------------------------------

[FR Doc. 2015-16666 Filed 7-7-15; 8:45 am]
 BILLING CODE 8320-01-P



                                                                           Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules                                                39011

                                                  additional details regarding the                         Methodology considers three different                   9. Commenters that are not able to file
                                                  conference.                                              measures of central tendency. One                     comments electronically must send an
                                                                                                           measure is the median of each data set.               original of their comments to: Federal
                                                  I. Background
                                                                                                           Another measure, the weighted mean,                   Energy Regulatory Commission,
                                                     2. In Order No. 561, the Commission                   calculates an average barrel-mile cost                Secretary of the Commission, 888 First
                                                  established an indexing methodology                      change in which each pipeline’s cost                  Street NE., Washington, DC 20426.
                                                  that allows oil pipelines to change rates                change is weighted by its barrel-miles.                 10. All comments will be placed in
                                                  based upon an annual index as opposed                    A third measure, the un-weighted                      the Commission’s public files and may
                                                  to making cost-of-service filings.5 In                   average, calculates the simple average of             be viewed, printed, or downloaded
                                                  Order No. 561, the Commission                            the percentage cost change per barrel-                remotely as described in the Document
                                                  committed to review the index level                      mile for each pipeline. A composite is                Availability section below. Commenters
                                                  every five years to ensure that the index                calculated by taking the simple average               are not required to serve copies of their
                                                  level chosen by the Commission                           of the median, the weighted mean, and                 comments on other commenters.
                                                  adequately reflects changes to industry                  the un-weighted mean. This composite
                                                  costs.6                                                                                                        IV. Document Availability
                                                                                                           is compared to the value of the PPI–FG
                                                     3. In Order No. 561 and each                          index data over the same period. The                    11. In addition to publishing the full
                                                  successive index review, the                             index level is then set at PPI–FG plus (or            text of this document in the Federal
                                                  Commission calculated the index level                    minus) this differential.                             Register, the Commission provides all
                                                  based upon a methodology developed                                                                             interested persons an opportunity to
                                                  by Dr. Alfred E. Kahn.7 The Kahn                         II. Commission Proposal                               view and/or print the contents of this
                                                  Methodology measures changes in                             5. The Commission proposes to use an               document via the Internet through the
                                                  operating costs and capital costs on a                   index level between PPI–FG+2.0 percent                Commission’s Home Page (http://
                                                  per barrel-mile basis using FERC Form                                                                          www.ferc.gov) and in the Commission’s
                                                                                                           and PPI–FG+2.4 percent as the index
                                                  No. 6 (Form No. 6) data from the prior                                                                         Public Reference Room during normal
                                                                                                           level for the five-year period
                                                  five-year period (for example, between                                                                         business hours (8:30 a.m. to 5:00 p.m.
                                                                                                           commencing July 1, 2016. This proposal
                                                  2009 and 2014 in this proceeding).8 The                                                                        Eastern time) at 888 First Street NE.,
                                                                                                           is based upon the Kahn Methodology as
                                                  Kahn Methodology uses net carrier                                                                              Room 2A, Washington DC 20426.
                                                                                                           applied to Form No. 6 data from the
                                                  property per barrel-mile as a proxy for                                                                          12. From the Commission’s Home
                                                                                                           2009 through 2014 period. The
                                                  capital cost data. The Kahn                                                                                    Page on the Internet, this information is
                                                                                                           Commission’s calculations are included
                                                  Methodology assigns a weight to the                                                                            available in the Commission’s document
                                                                                                           in Attachment A to this order.
                                                  Form No. 6 operating expenses relative                                                                         management system, eLibrary. The full
                                                  to the net carrier property using an                     III. Conference and Comment                           text of this document is available on
                                                  ‘‘operating ratio.’’ 9 The weighted                      Procedures                                            eLibrary in PDF and Microsoft Word
                                                  operating expense and the weighted net
                                                                                                             6. The Commission invites interested                format for viewing, printing, and/or
                                                  carrier property are then added together
                                                                                                           persons to submit comments regarding                  downloading. To access this document
                                                  to establish the cumulative cost change
                                                                                                           this proposal and any alternative                     in eLibrary, type the docket number
                                                  for each pipeline.10
                                                                                                           methodologies for calculating the index               (excluding the last three digits) in the
                                                     4. Once these cumulative cost changes
                                                                                                           level for the five-year period                        docket number field.
                                                  have been calculated for each pipeline
                                                                                                           commencing July 1, 2016.                                13. User assistance is available for
                                                  with sufficient Form No. 6 data, the
                                                                                                             7. Initial Comments are due August                  eLibrary and the Commission’s Web site
                                                  Kahn Methodology culls a data set
                                                                                                           24, 2015 and Reply Comments are due                   during normal business hours. For
                                                  consisting of pipelines with cumulative
                                                                                                           September 21, 2015. Comments must                     assistance, please contact the
                                                  per-barrel-mile cost changes in the
                                                                                                           refer to Docket No. RM15–20–000, and                  Commission’s Online Support at 1–866–
                                                  middle 50 percent of all pipelines. This
                                                                                                           must include the name of the                          208–3676 (toll free) or 202–502–6652
                                                  trimming removes statistical outliers or
                                                                                                           commenter, and if applicable, the                     (email at FERCOnlineSupport@ferc.gov)
                                                  spurious data points that could bias the
                                                                                                           organization represented and their                    or the Public Reference Room at 202–
                                                  sample in either direction. For the
                                                                                                           address. On July 30, 2015, the                        502–8371, TTY 202–502–8659 (email at
                                                  middle 50 percent data set, the Kahn
                                                                                                           Commission plans to hold a conference                 public.referenceroom@ferc.gov).
                                                     5 Order No. 561, FERC Stats. & Regs. ¶ 30,985 at      to discuss the issues raised by this                    By direction of the Commission.
                                                  30,947.                                                  notice. A subsequent notice will provide                Dated: June 30, 2015.
                                                     6 Id.
                                                                                                           additional details regarding the                      Nathaniel J. Davis, Sr.,
                                                     7 The Commission’s use of the Kahn Methodology
                                                                                                           conference.                                           Deputy Secretary.
                                                  has been affirmed by the United States Court of
                                                  Appeals for the District of Columbia Circuit. Assoc.       8. The Commission encourages                        [FR Doc. 2015–16628 Filed 7–7–15; 8:45 am]
                                                  of Oil Pipelines v. FERC, 83 F.3d 1424 (D.C. Cir.        comments to be filed electronically via
                                                                                                                                                                 BILLING CODE 6717–01–P
                                                  1996) and Flying J Inc., et al., v. FERC, 363 F.3d       the eFiling link on the Commission’s
                                                  495 (D.C. Cir. 2004).                                    Web site at http://www.ferc.gov. The
                                                     8 Specifically, this data is drawn from the Form

                                                  No. 6: Carrier Property, page 110; Accrued
                                                                                                           Commission accepts most standard
                                                                                                           word processing formats. Documents                    DEPARTMENT OF VETERANS
                                                  Depreciation, page 111; Operating Revenues and
                                                  Operating Expenses, page 114; Crude and Products         created electronically using word                     AFFAIRS
                                                  Barrel-Miles, page 600. To the extent this               processing software should be filed in
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  information is incomplete, alternate data reported                                                             38 CFR Part 4
                                                  in the Form No. 6 has been substituted.
                                                                                                           native applications or print-to-PDF
                                                     9 The ‘‘operating ratio’’ = ((Operating Expense at    format and not in a scanned format. All               RIN 2900–AO44
                                                  Year 1/Operating Revenue at Year 1) + (Operating         supporting workpapers must be
                                                  Expense at Year 5/Operating Revenue at Year 5))/         submitted with formulas and in a                      Schedule for Rating Disabilities—The
                                                  2. If the operating ratio is greater than one, then it   spreadsheet format acceptable under the               Endocrine System
                                                  is assigned the value of 1 in the Kahn Methodology
                                                  calculations.                                            Commission’s eFiling rules.                           AGENCY:    Department of Veterans Affairs.
                                                     10 Cumulative Cost Change = (1-operating ratio) *     Commenters filing electronically do not
                                                                                                                                                                 ACTION:   Proposed rule.
                                                  net plant + operating ratio * operating expenses.        need to make a paper filing.


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                                                  39012                   Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules

                                                  SUMMARY:   The Department of Veterans                    proposes specific criteria for the initial            at symptom relief and includes
                                                  Affairs (VA) proposes to revise the                      rating of endocrine diseases within                   antithyroid medications, radioactive
                                                  portion of the VA Schedule for Rating                    § 4.119 to account for the unique                     iodine therapy, and thyroidectomy
                                                  Disabilities (Rating Schedule) that                      functional impairments associated with                (surgical removal of the thyroid gland).
                                                  addresses the endocrine system. The                      attempts to bring the condition under                 Earlier treatment has decreased the
                                                  intended effects of these changes are to                 control. Once the condition is                        duration and severity of both acute and
                                                  update medical terminology, add                          effectively managed or has reached                    chronic symptoms of hyperthyroidism,
                                                  medical conditions not currently in the                  maximal medical outcome, VA proposes                  as well as its disabling residual effects.
                                                  Rating Schedule, revise the criteria to                  to evaluate for the residual effects of               Therefore, the existing evaluations of
                                                  reflect medical advances since the last                  disease within the appropriate                        100 and 60 percent for this condition
                                                  revision in 1996, and clarify the criteria.              (adversely impacted) body system. For                 are no longer appropriate and VA
                                                  DATES: Comments must be received by                      rating clarity, the most commonly                     proposes to no longer assign them.
                                                  VA on or before September 8, 2015.                       impacted systems would be referenced                     In the majority of cases, by the time
                                                  ADDRESSES: Written comments may be                       within the specific diagnostic code (DC).             patients present with the symptoms
                                                  submitted through                                        By the revisions discussed herein, VA                 currently reflected in the criteria for a
                                                  www.Regulations.gov; by mail or hand-                    aims to update medical terminology,                   30 percent evaluation (tachycardia,
                                                  delivery to the Director, Regulations                    add medical conditions not currently in               tremor, and increased blood pressure or
                                                  Policy and Management (02REG),                           the Rating Schedule, revise the criteria              pulse pressure), treatment is initiated.
                                                  Department of Veterans Affairs, 810                      to reflect medical advances, and clarify              With treatment, these symptoms
                                                  Vermont Avenue NW., Room 1068,                           the criteria.                                         generally resolve completely within
                                                  Washington, DC 20420; or by fax to                          In preparing this proposed revision,               three to six months. Therefore, VA
                                                  (202) 273–9026. Comments should                          VA conducted a mini-summit in                         proposes to evaluate hyperthyroidism at
                                                  indicate that they are submitted in                      Washington, DC, on December 2, 2009.                  30 percent for six months after initial
                                                  response to ‘‘RIN 2900–AO44–Schedule                     VA also researched current medical                    diagnosis. Because symptoms generally
                                                  for Rating Disabilities—The Endocrine                    information and consulted with                        resolve completely while the 30 percent
                                                  System.’’ Copies of comments received                    Veterans Health Administration (VHA)                  evaluation is applicable, VA also
                                                  will be available for public inspection in               subject matter experts.                               proposes to no longer assign a 10
                                                  the Office of Regulation Policy and                                                                            percent evaluation. To account for
                                                                                                           DC 7900: Hyperthyroidism, Including,
                                                  Management, Room 1068, between the                                                                             symptoms that do not resolve
                                                                                                           But Not Limited to, Graves’ Disease
                                                  hours of 8:00 a.m. and 4:30 p.m.,                                                                              completely within six months, VA
                                                                                                              VA proposes to update the title of DC              proposes adding a directive instructing
                                                  Monday through Friday (except
                                                                                                           7900. Currently, this DC is titled                    VA personnel to ‘‘rate residuals of
                                                  holidays). Please call (202) 461–4902 for
                                                                                                           ‘‘Hyperthyroidism.’’ The most common                  disease or complications of medical
                                                  an appointment. (This is not a toll-free
                                                                                                           cause of hyperthyroidism is Graves’                   treatment . . . within the appropriate
                                                  number.) In addition, during the
                                                                                                           disease, an autoimmune disease that                   body system.’’
                                                  comment period, comments may be                          affects multiple organ systems,                          Since cardiovascular abnormalities
                                                  viewed online through the Federal                        including the eyes and skin.                          are common in hyperthyroidism, and
                                                  Docket Management System (FDMS) at                       ‘‘Hyperthyroidism (overactive thyroid),’’             some persist despite treatment with
                                                  www.Regulations.gov                                      Mayo Clinic, http://                                  antithyroid medications, VA proposes
                                                  FOR FURTHER INFORMATION CONTACT: Nick                    www.mayoclinic.com/health/                            an alternative to the current approach
                                                  Olmos-Lau, M.D., FAAN, Medical                           hyperthyroidism/DS00344/DSECTION                      which rates certain cardiovascular
                                                  Officer, Compensation Service, Veterans                  =causes. Given the prevalence of                      manifestations within DC 7900 but
                                                  Benefits Administration, Department of                   hyperthyroidism due to Graves’ Disease,               refers VA personnel to DC 7008
                                                  Veterans Affairs, (211C) 810 Vermont                     VA proposes to explicitly recognize                   (hyperthyroid heart disease) if heart
                                                  Avenue NW., Washington, DC 20420,                        Graves’ disease under this DC by                      disease is the predominant disability
                                                  (202) 461–9700. (This is not a toll-free                 changing the title of DC 7900 from                    (see current Note (1)). Hyperthyroidism
                                                  number.)                                                 ‘‘Hyperthyroidism’’ to                                is associated with a variety of
                                                  SUPPLEMENTARY INFORMATION: As part of                    ‘‘Hyperthyroidism, including, but not                 cardiovascular problems including
                                                  the ongoing revision of the VA Schedule                  limited to, Graves’ disease.’’ This is not            tachycardia, systolic hypertension,
                                                  for Rating Disabilities (‘‘Rating                        a substantive change, but simply an                   cardiac arrhythmias particularly atrial
                                                  Schedule’’), VA is proposing changes to                  effort to increase rating efficiency. To              fibrillation, supraventricular
                                                  38 CFR 4.119, Schedule of ratings-                       account for less common causes of                     tachycardia, congestive heart failure or
                                                  endocrine system. This section was last                  hyperthyroidism not addressed by other                angina among others. See Faizel Osman
                                                  updated in 1996. The endocrine system                    DCs, VA does not propose to limit this                et al., ‘‘Cardiovascular manifestations of
                                                  is made up of multiple hormone-                          DC so that it is only applicable to                   hyperthyroidism before and after
                                                  producing glands. Hormones are                           Graves’ disease.                                      antithyroid therapy,’’ 49 (1) J. Am.
                                                  chemical messengers that control the                        Hyperthyroidism refers to the excess               College of Cardiology, 71–81 (2007). In
                                                  function of many body processes. While                   synthesis or secretion of thyroid                     order to address more specifically
                                                  the actual dysfunction occurs at the site                hormone. Regardless of the specific                   cardiovascular issues related to
                                                  of the gland, the signs and symptoms                     cause, the symptoms directly caused by                hyperthyroidism, VA proposes to
                                                  manifest in the body systems on which                    excess thyroid hormone are the same.                  modify the existing Note (1) to state that
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                                                  the specific hormones act. For diagnosis                 Therefore, VA proposes to evaluate the                if cardiovascular or cardiac problems
                                                  and acute management of endocrine                        disability associated with excess thyroid             related to hyperthyroidism are present
                                                  diseases, medical professionals focus on                 hormone using a single set of rating                  separately evaluate under DC 7008.
                                                  addressing the problem within the                        criteria that reflects an earlier diagnosis              In order to clarify a potentially
                                                  endocrine system. However, the                           and current treatment options. Medical                confusing element in DC 7008 that
                                                  residual effects of an endocrine disease                 advances have facilitated earlier                     directs hyperthyroid heart disease to be
                                                  may manifest within multiple body                        diagnosis and treatment of                            part of the overall evaluation of
                                                  systems. Therefore, in general, VA                       hyperthyroidism. Treatment is directed                hyperthyroidism under DC 7900, VA


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                                                                          Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules                                           39013

                                                  proposes to amend DC 7008 by directing                   head, face, or neck due to other causes;                 The proposed notes read as follows:
                                                  that hyperthyroid heart disease be rated                 or other disfigurement of the head, face,             ‘‘Note (1): Evaluate symptoms due to
                                                  under the appropriate cardiovascular                     or neck).                                             pressure on adjacent organs (such as the
                                                  diagnostic code, depending on                                                                                  trachea, larynx, or esophagus) under the
                                                                                                           DC 7902: Thyroid Enlargement,
                                                  particular findings.                                                                                           appropriate diagnostic code(s) within
                                                     Currently, DC 7008 states that only                   nontoxic
                                                                                                                                                                 the appropriate body system.’’ ‘‘Note (2):
                                                  when atrial fibrillation is present                         VA proposes to change the current                  If disfigurement of the neck is present
                                                  hyperthyroidism may be evaluated                         title of DC 7902, ‘‘Thyroid gland,                    due to thyroid disease or enlargement,
                                                  either under DC 7900 or under 7010                       nontoxic adenoma of,’’ to ‘‘Thyroid                   separately evaluate under DC 7800
                                                  (supraventricular arrhythmia),                           enlargement, nontoxic.’’ In the context               (burn scar(s) of the head, face, or neck;
                                                  whichever results in a higher                            of thyroid function, ‘‘nontoxic’’ means               scar(s) of the head, face, or neck due to
                                                  evaluation. As described above, the                      that thyroid function is normal.                      other causes; or other disfigurement of
                                                  potential cardiovascular conditions                         Because thyroid function is normal,                the head, face, or neck).’’
                                                  related to hyperthyroidism are                           the disabling effects of nontoxic thyroid
                                                  numerous and complex, and the current                    enlargement are a result of                           DC 7903: Hypothyroidism
                                                  approach limits the alternatives and                     disfigurement or pressure on adjacent                    Hypothyroidism is currently
                                                  precludes optimal assessment in                          organs. A person with this condition                  evaluated at levels of 100, 60, 30, and
                                                  instances other than for atrial                          may experience one or both of these
                                                                                                                                                                 10 percent. Severe hypothyroidism is
                                                  fibrillation.                                            effects. However, under the current
                                                                                                                                                                 characterized by myxedema (coma or
                                                     Currently, Note (2) of DC 7900 states:                criteria an evaluation may only be
                                                                                                                                                                 crisis), a life-threatening form of
                                                  ‘‘If ophthalmopathy is the sole finding,                 assigned for the more disabling effect.
                                                                                                                                                                 hypothyroidism found predominantly
                                                  evaluate as field vision, impairment of                  Therefore, to better reflect the full
                                                                                                                                                                 in undiagnosed or undertreated
                                                  (DC 6080); diplopia (DC 6090); or                        impact of the condition, VA proposes to
                                                                                                                                                                 individuals that requires inpatient
                                                  impairment of central visual acuity (DC                  amend the existing criteria to account
                                                                                                                                                                 hospitalization for stabilization. Medical
                                                  6061–6079).’’ In the case of Graves’                     for both effects occurring
                                                                                                                                                                 advances in the diagnosis and treatment
                                                  disease, which is evaluated under                        simultaneously.
                                                                                                              When the enlarged thyroid gland                    of hypothyroidism have decreased the
                                                  proposed DC 7900, eye abnormalities                                                                            incidence of myxedema to the point that
                                                  can occur independently and in the                       compresses adjacent organs, it may
                                                                                                           produce symptoms due to pressure on                   myxedema coma occurs in only 0.1
                                                  absence of hyperthyroidism. As such, it
                                                                                                           anterior neck structures, including the               percent of all cases of hypothyroidism.
                                                  is not appropriate to limit evaluation of
                                                                                                           trachea (wheezing, cough), the                        Erik D Schraga, MD, ‘‘Hypothyroidism
                                                  such manifestations under either DC
                                                                                                           esophagus (dysphagia), and the                        and Myxedema Coma in Emergency
                                                  7900 or an appropriate DC within the
                                                                                                           recurrent laryngeal nerve (hoarseness).               Medicine,’’ Medscape Reference (Mar.
                                                  eye body system. VA therefore proposes
                                                                                                           The severity of disabilities related to               29, 2012), http://
                                                  to revise current Note (2) to read:
                                                                                                           pressure on adjacent organs is best                   emedicine.medscape.com/article/
                                                  Separately evaluate eye involvement
                                                                                                           evaluated under the DC(s) within the                  768053-overview. Symptoms of
                                                  occurring as a manifestation of Graves’
                                                                                                           appropriate body system. Therefore, VA                myxedema are currently evaluated at
                                                  Disease as diplopia (DC 6090);
                                                  impairment of central visual acuity (DCs                 proposes to edit the current note under               100 and 60 percent. However, given the
                                                  6061–6066); or under the most                            DC 7902, which would be proposed                      severity of the condition, a 60 percent
                                                  appropriate DCs in § 4.79.                               Note (1), to clarify VA’s intention to                evaluation is insufficient. Therefore, VA
                                                                                                           evaluate the symptoms due to pressure                 proposes a 100 percent evaluation for all
                                                  DC 7901: Thyroid Enlargement, Toxic                      on adjacent organs under the                          instances of hypothyroidism with
                                                    VA proposes to update the title of DC                  appropriate diagnostic code within the                myxedema. VA proposes to add a note
                                                  7901 from ‘‘Thyroid gland, toxic                         appropriate body system and to delete                 to provide: ‘‘This evaluation shall
                                                  adenoma of’’ to ‘‘Thyroid enlargement,                   the current phrase ‘‘if doing so would                continue for six months beyond the date
                                                  toxic.’’ When discussing thyroid                         result in a higher evaluation than using              that an examining physician has
                                                  enlargement, ‘‘toxic’’ is the term used by               this [DC].’’ Currently, DC 7902 provides              determined crisis stabilization.
                                                  the medical community to indicate                        a 20 percent evaluation when there is                 Thereafter, the residual effects of
                                                  overactive thyroid function, also known                  disfigurement of the head or neck and                 hypothyroidism shall be rated under the
                                                  as hyperthyroidism. Currently, the                       a 0 percent evaluation when there is no               appropriate diagnostic code(s) within
                                                  rating criteria accompanying this DC are                 such disfigurement. Disfigurement due                 the appropriate body system(s) (e.g.,
                                                  identical to that accompanying current                   to an enlarged thyroid gland is not                   eye, digestive, and mental disorders).’’
                                                  DC 7900. Therefore, rather than                          defined in the existing criteria and,                    Medical management of
                                                  repeating the criteria for                               therefore, is subject to individual                   hypothyroidism, in the absence of
                                                  hyperthyroidism, VA proposes Note (1)                    interpretation. Objective criteria for                myxedema, results in improvement of
                                                  to direct raters to evaluate toxic thyroid               evaluating disfigurement of the neck                  laboratory values within a few weeks.
                                                  enlargement under proposed DC 7900                       already exist under DC 7800 (burn                     However, alleviation of other clinical
                                                  (hyperthyroidism, including, but not                     scar(s) of the head, face, or neck; scar(s)           symptoms may take up to six months to
                                                  limited to, Graves’ disease).                            of the head, face, or neck due to other               resolve. See Bijay Vaidya, ‘‘Management
                                                    An enlarged thyroid may cause a                        causes; or other disfigurement of the                 of Hypthyroidism,’’ BMJ 337:a801
                                                  visible swelling at the base of the neck                 head, face, or neck). Because this set of             (2008). Therefore, VA proposes to
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                                                  or thyroidectomy may result in                           criteria covers all types of disfigurement            evaluate hypothyroidism in the absence
                                                  disfigurement. To account for such                       of the neck and provides a wider range                of myxedema at 30 percent for six
                                                  disfigurement, VA proposes Note (2)                      of disability compensation, VA proposes               months after initial diagnosis and would
                                                  directing VA personnel: If disfigurement                 deletion of the current criteria and                  explain this in a note that would also
                                                  of the neck is present due to thyroid                    addition of proposed Note (2) stating                 provide that, thereafter, the residual
                                                  disease or enlargement, separately                       that disfigurement of the neck related to             effects of hypothyroidism shall be rated
                                                  evaluate under DC 7800 (burn scar(s) of                  nontoxic thyroid enlargement should be                under the most appropriate diagnostic
                                                  the head, face, or neck; scar(s) of the                  evaluated under DC 7800.                              code(s) within the appropriate body


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                                                  39014                   Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules

                                                  system(s) (e.g., eye, digestive, and                     complications. An increase in serum                   or perioral area), hyperirritability,
                                                  mental disorders).                                       calcium, decreases in creatinine                      fatigue, anxiety, mood swings and/or
                                                    VA also proposes to add a note to                      clearance, and decreases in bone density              personality disturbances, seizures,
                                                  provide that eye involvement associated                  are used as laboratory indicators for the             hoarseness (due to laryngospasm),
                                                  with hypothyroidism would also be                        worsening of disease and evaluation for               wheezing and dyspnea (due to
                                                  evaluated under § 4.79. Specifically, the                surgical intervention. Therefore, VA                  bronchospasm), muscle cramps, and
                                                  proposed note reads: ‘‘If eye                            proposes a 60 percent evaluation for                  electrolyte imbalances
                                                  involvement, such as exophthalmos,                       hypercalcemia indicated by at least one               (hypomagnesemia, hypokalemia, and
                                                  corneal ulcer, blurred vision, or                        of the following: Total Ca greater than               alkalosis).
                                                  diplopia, is also present due to thyroid                 12mg/dL (3–3.5 mmol/L), Ionized Ca
                                                  disease, also separately evaluate under                  greater than 5.6 mg/dL (2–2.5 mmol/L),                   Currently, evaluations are assigned
                                                  appropriate diagnostic code(s) in § 4.79,                creatinine clearance less than 60 mL/                 based on some of these symptoms.
                                                  Schedule of Ratings—Eye (such as                         min, bone mineral density T-score less                However, because many of the
                                                  diplopia (DC 6090) or impairment of                      than 2.5 (SD below mean) at any site or               symptoms of parathyroid hormone
                                                  central visual acuity (DCs 6061–6066)).’’                previous fragility fracture). Because                 deficiency are caused by an imbalance
                                                                                                           these findings indicate that surgical or              of calcium in the body (decreased
                                                  DC 7904: Hyperparathyroidism                                                                                   extracellular ionized calcium levels and
                                                                                                           pharmacologic intervention is
                                                     Hyperparathyroidism, DC 7904, is                      warranted and such intervention                       hypocalcemia), when
                                                  currently evaluated at levels of 100, 60,                usually resolves symptoms, VA                         hypoparathyroidism is treated with
                                                  and 10 percent. Due to increased routine                 proposes that the 60 percent evaluation               calcium and vitamin D
                                                  laboratory testing, hyperparathyroidism                  shall continue until such intervention                supplementation, the symptoms are
                                                  is usually diagnosed before patients                     occurs. If surgery is not indicated, the              generally eliminated. Paul Fitzgerald,
                                                  develop severe disease and often before                  60 percent evaluation would continue                  ‘‘Chapter 26. Endocrine Disorders’’
                                                  any signs or symptoms, such as kidney                    for 6 months after pharmacological                    (2014), http://accessmedicine.
                                                  stones, gastrointestinal problems or                     treatment begins. After six months,                   mhmedical.com/content.aspx?bookid
                                                  weakness, are present. John I. Lew,                      rating would be based on residuals                    =330&Sectionid=44291028. Therefore,
                                                  ‘‘Surgical Management of Primary                         under the appropriate diagnostic code(s)              VA proposes new evaluation criteria
                                                  Hyperparathyroidism: State of the Art,’’                 within the appropriate body system                    that account for this treatment.
                                                  89 Surgical Clinics of N. Am. 1205–25                    based on examination.                                 Specifically, VA proposes a 100 percent
                                                  (2009); ‘‘Hyperparathyroidism,’’ Mayo                       Parathyroidectomy is the treatment of              evaluation for three months after initial
                                                  Clinic, http://www.mayoclinic.com/                       choice for symptomatic                                diagnosis and, thereafter, to rate
                                                  health/hyperparathyroidism/DS00396.                      hyperparathyroidism. Therefore, VA                    residual effects, such as nephrolithiasis
                                                  Therefore, the existing criteria for                     proposes a 100 percent evaluation for                 (kidney stones), cataracts, decreased
                                                  evaluations at the 100 and 60 percent                    six months after surgical intervention                renal function, and congestive heart
                                                  rating are no longer appropriate, and VA                 for hyperparathyroidism and thereafter,               failure under the appropriate DCs.
                                                  proposes revision of all the criteria                    an evaluation based on the residuals of
                                                  consistent with medical advances.                        hyperparathyroidism or medical                        New DC 7906: Thyroiditis
                                                     Individuals diagnosed with                            treatment under the appropriate
                                                  hyperparathyroidism, but without                         diagnostic code(s) within the                            VA proposes to add a new DC for
                                                  symptoms (asymptomatic), require                         appropriate body system.                              thyroiditis, which is inflammation of
                                                  annual monitoring of their serum                            VA proposes to amend the current                   the thyroid gland. The condition most
                                                  calcium levels and creatinine clearance                  note under DC 7904 by numbering the                   often results from an autoimmune
                                                  (renal function). Bone density                           note as proposed Note (4) and clarifying              disease (known as Hashimoto’s
                                                  monitoring is also required every one to                 that the residuals of                                 thyroiditis), where the immune system
                                                  two years. These tests help medical                      hyperparathyroidism are to be rated                   attacks the thyroid gland.
                                                  professionals monitor the progression of                 under the appropriate DC. The current                    However, regardless of the specific
                                                  the disease and to determine when                        note reads: ‘‘Following surgery or                    cause, thyroiditis may manifest as
                                                  surgery is necessary. Therefore, VA                      treatment, evaluate as digestive,                     hyperthyroidism, hypothyroidism, or
                                                  proposes to evaluate asymptomatic                        skeletal, renal, or cardiovascular                    with no change in thyroid function.
                                                  hyperparathyroidism at 0 percent.                        residuals or as endocrine dysfunction.’’              Because hyperthyroidism and
                                                     Individuals with mild                                 The proposed Note (4) reads:                          hypothyroidism would be addressed in
                                                  hyperparathyroidism may develop                          ‘‘Following surgery or other treatment,               the Rating Schedule as proposed DCs
                                                  symptoms of hypercalcemia before                         evaluate chronic residuals, such as                   7900 and 7903, respectively, VA
                                                  surgery is determined to be necessary.                   nephrolithiasis (kidney stones),                      proposes a note to clarify that these
                                                  Even after surgery, mild symptoms may                    decreased renal function, fractures,                  manifestations be rated under those
                                                  persist. Therefore, VA proposes a 10                     vision problems, and cardiovascular                   DCs.
                                                  percent evaluation for the presence of                   complications, under the appropriate
                                                  symptoms, such as fatigue, anorexia,                     diagnostic codes.’’                                      While thyroiditis may also be present
                                                  nausea, or constipation, despite surgery                                                                       in a person with normal thyroid
                                                  or in subjects deemed not to be                          DC 7905: Hypoparathyroidism                           function, because thyroiditis increases
                                                  candidates for surgery who require                         Parathyroid hormone controls the                    the likelihood of developing
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                                                  continuous medications for control.                      balance of calcium in the body. When                  hyperthyroidism or hypothyroidism, the
                                                     Potential complications of                            there is not enough of this hormone, the              thyroid function of these individuals
                                                  hyperparathyroidism include gastric                      condition is known as                                 must be monitored. This factor is not
                                                  ulcers, kidney stones, decrease kidney                   hypoparathyroidism. The predominant                   currently accounted for in the Rating
                                                  function, and decreased bone mass                        symptoms of hypoparathyroidism is                     Schedule. Therefore, for these
                                                  associated with fragility fractures. Early               neuromuscular irritability, including,                individuals, VA proposes that a 0
                                                  intervention through laboratory                          but not limited to, paresthesias (tingling            percent evaluation for asymptomatic
                                                  monitoring generally prevents these                      and numbness involving fingertips, toes,              thyroiditis be associated with this DC.


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                                                                          Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules                                           39015

                                                  DC 7907: Cushing’s Syndrome                              muscle wasting that results in inability              DC 7909: Diabetes Insipidus
                                                     Cushing’s syndrome is the result of                   to rise from a squatting position, climb
                                                                                                           stairs, rise from a deep chair without                   Inadequate secretion of or a resistance
                                                  prolonged elevation in the amount of                                                                           to antidiuretic hormone (ADH) is the
                                                  glucocorticoid in the body. The severity                 assistance, or raise arms.’’ VA proposes
                                                                                                           no change to the current 30 percent                   cause of diabetes insipidus (DI). ADH
                                                  of the signs and symptoms is                                                                                   limits the amount of water that the
                                                  determined by the duration and level of                  evaluation criteria.
                                                                                                              The treatment for Cushing’s syndrome               kidneys allow to leave the body. A lack
                                                  glucocorticoid exposure.                                                                                       of or resistance to ADH causes excessive
                                                     Currently, evaluations for Cushing’s                  is determined by the glucocorticoid
                                                                                                           source. Endogenous hypercortisolism                   excretion of free water. This disease is
                                                  syndrome are assigned based in part on                                                                         characterized by polyuria (frequent
                                                  enlargement of the adrenal gland (which                  (overproduction of glucocorticoid
                                                                                                           hormones by the adrenal gland) is                     urination), polydipsia (excessive thirst),
                                                  produces these hormones) and the                                                                               and nocturia (frequent night time
                                                  pituitary gland (which produces                          treated by surgical removal of the
                                                                                                           adrenal gland, medical adrenalectomy,                 urination). Without treatment,
                                                  hormones that trigger the adrenal                                                                              dehydration and bladder enlargement
                                                                                                           surgical resection of a pituitary tumor,
                                                  gland). However, glandular enlargement                                                                         commonly result. If treated, diabetes
                                                                                                           or radiation therapy of the pituitary
                                                  is not indicative of disease severity.                                                                         insipidus does not cause severe
                                                                                                           gland. Exogenous hypercortisolism is
                                                  Exogenous glucocorticoid exposure (the                                                                         problems or a reduction in life
                                                                                                           treated via gradual reduction of the
                                                  intake of glucocorticoids), the most                                                                           expectancy. See Goldman’s Cecil
                                                                                                           outside source, such as corticosteroid
                                                  common cause of Cushing’s syndrome,                                                                            Medicine Chapter 232 (24th ed. 2011).
                                                                                                           medications. Because early medical
                                                  does not involve enlargement of the                                                                            The prognosis for this disease is
                                                                                                           intervention has decreased the
                                                  pituitary or adrenal glands. Therefore,                                                                        excellent, because it is frequently
                                                                                                           complications associated with Cushing’s
                                                  VA proposes to delete the requirement                                                                          transient and there are excellent
                                                                                                           syndrome, VA proposes evaluations for
                                                  for the presence of enlargement of the                   Cushing’s syndrome at the 100, 60, or 30              medications with different means of
                                                  pituitary or adrenal gland as one of the                 percent level for six months after initial            administration to treat the condition on
                                                  criteria required for 100 and 60 percent                 diagnosis. Because treatment may not                  a chronic basis if this condition
                                                  evaluations.                                             completely eliminated complications or                becomes permanent. Most individuals,
                                                     The muscle weakness associated with
                                                                                                           may itself be associated with                         even in emergency situations, can
                                                  Cushing’s syndrome is a result of
                                                                                                           complications, after six months, VA                   replace urine loss with increased fluid
                                                  proximal muscle wasting and weakness                     proposes to rate residuals such as                    intake. Therefore, the reliance in the
                                                  caused by excess glucocorticoid                          adrenal insufficiency, cardiovascular,                current criteria on the need for
                                                  hormones. This muscle wasting results                    psychiatric, skin, or skeletal                        parenteral (IV) hydration is no longer
                                                  in the inability to rise from a squatting                complications under the appropriate                   appropriate, and VA proposes deletion
                                                  position without assistance, and, in                     diagnostic code(s) within the                         of the current criteria.
                                                  more severe cases, the inability to climb                appropriate body system. Therefore, VA
                                                  stairs or get up from a deep chair.                                                                               In its place, in order to allow the
                                                                                                           proposes to amend the note following                  condition to become stabilized and to
                                                  Lynnette K. Nieman, MD,                                  DC 7907 to reflect the above proposed
                                                  ‘‘Epidemiology and clinical                                                                                    determine if the condition is transient or
                                                                                                           changes.                                              becoming permanent, VA proposes a 30
                                                  manifestations of Cushing’s syndrome’’
                                                  UpToDate (Oct. 22, 2013), http://                        DC 7908: Acromegaly                                   percent evaluation for three months
                                                  www.uptodate.com/contents/                                 Acromegaly, DC 7908, is a condition                 after the initial diagnosis. Once the
                                                  epidemiology-and-clinical-                               in which the pituitary gland produces                 condition is stabilized, the need for long
                                                  manifestations-of-cushings-syndrome.                     excess growth hormone, usually due to                 term medication can be assessed. Many
                                                  To clarify the criteria for 100 and 60                   a benign tumor. The excessive amount                  patients are able to control their
                                                  percent evaluations, VA proposes to                      of hormone results in enlargement of                  condition with oral or trans-nasal
                                                  replace ‘‘loss of muscle strength’’ with                 various body tissues, including bone.                 medication, while others require
                                                  the more specific criteria of ‘‘proximal                 Acromegaly is currently evaluated at                  parenteral treatment (when oral or trans-
                                                  upper and lower extremity muscle                         levels of 100, 60, and 30 percent. VA                 nasal medications are either not
                                                  wasting that results in inability to rise                proposes no changes in the evaluation                 tolerable or effective). Therefore, VA
                                                  from squatting position, climb stairs,                   criteria for the 100 and 60 percent                   proposes a reevaluation of diabetes
                                                  rise from a deep chair without                           levels. The current 30 percent                        insipidus after the three month period.
                                                  assistance, or raise arms.’’ VA also                     evaluation criteria for acromegaly                    If DI has subsided, VA would rate any
                                                  proposes to remove ‘‘weakness’’ from                     require that there be enlargement of                  residuals under the appropriate
                                                  the list of criteria for a 100 percent                   acral parts or overgrowth of long bones,              diagnostic code(s) within the
                                                  evaluation because it is already                         and an enlarged sella turcica (the                    appropriate body system. For those DI
                                                  captured with language replacing ‘‘loss                  depression at the base of the skull where             cases with persistent polyuria or
                                                  of muscle strength.’’ With these                         the pituitary gland is located). VA                   requiring continuous hormonal therapy,
                                                  proposed modifications, a 100 percent                    proposes to remove ‘‘enlarged sella                   VA proposes a 10 percent rating.
                                                  evaluation would be assigned for                         turcica’’ as one of the required criteria.            DC 7911: Addison’s Disease
                                                  Cushing’s syndrome if there is ‘‘active,                 Although acromegaly is generally due to               (Adrenocortical Insufficiency)
                                                  progressive disease, including areas of                  a pituitary tumor (which commonly
                                                  osteoporosis, hypertension, and                          results in enlargement of the sella                      The medical community has shifted
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                                                  proximal upper and lower extremity                       turcica), it occasionally arises from                 from the term ‘‘adrenal cortical
                                                  muscle wasting that results in inability                 causes that do not produce an enlarged                hypofunction’’ to the term
                                                  to rise from a squatting position, climb                 sella turcica. Further, enlargement of the            ‘‘adrenocortical insufficiency.’’
                                                  stairs, rise from a deep chair without                   sella turcica is not an indicator of the              Therefore, for clarity and consistency
                                                  assistance, or raise arms.’’ Similarly, VA               severity of the condition. Therefore, it is           with current medical terminology, VA
                                                  proposes a 60 percent evaluation for                     not appropriate to retain ‘‘enlarged sella            proposes to retitle this DC ‘‘Addison’s
                                                  Cushing’s syndrome if there is                           turcica’’ as a required criterion, and VA             disease (adrenocortical insufficiency).’’
                                                  ‘‘[p]roximal upper or lower extremity                    proposes to remove it.                                VA does not propose changes to the


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                                                  39016                   Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules

                                                  rating criteria and notes associated with                DC 7915: Neoplasm, Benign, Any                         Regulatory Flexibility Act
                                                  this DC.                                                 Specified Part of the Endocrine System                    The Secretary hereby certifies that
                                                  DC 7912: Polyglandular Syndrome                             VA proposes to retain the existing                  this proposed rule would not have a
                                                  (Multiple Endocrine Neoplasia,                           direction to rate this condition based on              significant economic impact on a
                                                  Autoimmune Polyglandular Syndrome)                       residuals of endocrine dysfunction, but                substantial number of small entities as
                                                                                                           separate the rating direction from the                 they are defined in the Regulatory
                                                     ‘‘Pluriglandular syndrome’’ refers, not                                                                      Flexibility Act (5 U.S.C. 601–612). This
                                                                                                           title of DC 7915.
                                                  to a single condition, but to a group of                                                                        proposed rule would directly affect only
                                                  conditions that impact multiple glands                   DC 7916: Hyperpituitarism (Prolactin                   individuals and would not directly
                                                  in the body. Therefore, a person is likely               Secreting Pituitary Dysfunction)                       affect small entities. Therefore, pursuant
                                                  to be given a more specific diagnosis,                                                                          to 5 U.S.C. 605(b), this rulemaking is
                                                  rather than one with this general term.                    The existing note regarding the
                                                                                                           evaluation of this condition also applies              exempt from the initial and final
                                                  Therefore, VA proposes to include the                                                                           regulatory flexibility analysis
                                                  most common forms of the condition in                    to DCs 7917 and 7918 and is given after
                                                                                                           DC 7918. Therefore, it can be                          requirements of sections 603 and 604.
                                                  the title of the DC. Also, over time, the
                                                  medical community has shifted from the                   overlooked with regard to the other DCs.               Executive Orders 12866 and 13563
                                                  term ‘‘pluriglandular’’ to                               Therefore, VA proposes to include the
                                                                                                                                                                     Executive Orders 12866 and 13563
                                                  ‘‘polyglandular’’ when referring to this                 same note regarding the evaluation of
                                                                                                                                                                  direct agencies to assess the costs and
                                                  condition. Therefore, to better reflect the              each condition directly under each DC
                                                                                                                                                                  benefits of available regulatory
                                                  terminology currently associated with                    and to amend the current note to reflect
                                                                                                                                                                  alternatives and, when regulation is
                                                  the condition, VA proposes to update                     the proposed change. The conditions
                                                                                                                                                                  necessary, to select regulatory
                                                  the title of DC 7912 to ‘‘Polyglandular                  would all continue to be evaluated as
                                                                                                                                                                  approaches that maximize net benefits
                                                  syndrome (multiple endocrine                             malignant or benign neoplasm, as
                                                                                                                                                                  (including potential economic,
                                                  neoplasia, autoimmune polyglandular                      appropriate, so no substantive change is
                                                                                                                                                                  environmental, public health and safety
                                                  syndrome).’’ The current guidance for                    being made.
                                                                                                                                                                  effects, and other advantages;
                                                  evaluation is to evaluate according to                   DC 7917: Hyperaldosteronism (Benign                    distributive impacts; and equity).
                                                  major manifestations. VA proposes to                     or Malignant)                                          Executive Order 13563 (Improving
                                                  revise the guidance to include some of                                                                          Regulation and Regulatory Review)
                                                  the common manifestations of the                              See discussion of DC 7916.                        emphasizes the importance of
                                                  syndrome. The proposed guidance                          DC 7918: Pheochromocytoma (Benign                      quantifying both costs and benefits,
                                                  reads: ‘‘Evaluate according to major                     or Malignant)                                          reducing costs, harmonizing rules, and
                                                  manifestations to include, but not                                                                              promoting flexibility. Executive Order
                                                  limited to, Type I diabetes mellitus,                         See discussion of DC 7916.                        12866 (Regulatory Planning and
                                                  hyperthyroidism, hypothyroidism,                         DC 7919: C-cell Hyperplasia of the                     Review) defines a ‘‘significant
                                                  hypoparathyroidism, or Addison’s                         Thyroid                                                regulatory action’’ requiring review by
                                                  disease.’’                                                                                                      the Office of Management and Budget
                                                                                                             Currently, this condition is rated in                (OMB), unless OMB waives such
                                                  DC 7913: Diabetes Mellitus                               the same way as a malignant neoplasm.                  review, as ‘‘any regulatory action that is
                                                    Diabetes mellitus is a complex                         However, this does not adequately                      likely to result in a rule that may: (1)
                                                  condition that impacts individuals in a                  address all potential manifestations of                Have an annual effect on the economy
                                                  variety of ways. At this time, VA                        this condition. Therefore, VA proposes                 of $100 million or more or adversely
                                                  proposes only one clarifying                             to replace the existing note with one                  affect in a material way the economy, a
                                                  amendment to this DC. VA proposes to                     that provides as follows: ‘‘If                         sector of the economy, productivity,
                                                  clarify that the rating criteria for a 20,               antineoplastic therapy is required,                    competition, jobs, the environment,
                                                  40, or 60 percent rating require ‘‘one or                evaluate as a malignant neoplasm under                 public health or safety, or State, local,
                                                  more daily injection’’ of insulin. This                  DC 7914. If a prophylactic                             or tribal governments or communities;
                                                  clarifying amendment is not a                            thyroidectomy is performed (based                      (2) Create a serious inconsistency or
                                                  substantive change but rather a                          upon genetic testing) and antineoplastic               otherwise interfere with an action taken
                                                  clarification of VA’s interpretation of                  therapy is not required, evaluate as                   or planned by another agency; (3)
                                                  this DC that an injection of insulin is                  hypothyroidism under DC 7903.’’ These                  Materially alter the budgetary impact of
                                                  required to achieve a 20, 40, 60, or 100                 changes are in keeping with current                    entitlements, grants, user fees, or loan
                                                  percent rating. To ensure that the full                  medical information about C-cell                       programs or the rights and obligations of
                                                  range of relevant factors is adequately                  hyperplasia.                                           recipients thereof; or (4) Raise novel
                                                  addressed, VA is not proposing to                        Technical Amendments                                   legal or policy issues arising out of legal
                                                  amend the remaining rating criteria                                                                             mandates, the President’s priorities, or
                                                  pertaining to this DC at this time.                        VA also proposes several technical                   the principles set forth in the Executive
                                                  Rather, VA intends to establish a work                   amendments. We would add a citation                    Order.’’
                                                  group to specifically address this                       reference to 38 U.S.C. 1155 at the end                    The economic, interagency,
                                                  condition. Upon consideration of the                     of § 4.119, and we would update                        budgetary, legal, and policy
                                                  work group’s findings, VA will                           Appendix A, B, and C of part 4 to reflect              implications of this regulatory action
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                                                  determine whether amendments to the                      the above noted proposed amendments.                   have been examined, and it has been
                                                  remaining existing criteria are necessary                                                                       determined to be a significant regulatory
                                                                                                           Paperwork Reduction Act
                                                  and such amendments, if any, will be                                                                            action under Executive Order 12866
                                                  addressed in a future proposal.                            This proposed rule contains no                       because it is likely to result in a rule that
                                                  DC 7914: Neoplasm, Malignant, Any                        provisions constituting a collection of                may raise novel policy issues arising out
                                                  Specified Part of the Endocrine System                   information under the Paperwork                        of legal mandates, the President’s
                                                                                                           Reduction Act of 1995 (44 U.S.C. 3501–                 priorities, or the principles set forth in
                                                     VA proposes no changes at this time.                  3521).                                                 the Executive Order. VA’s impact


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                                                                                Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules                                                                                    39017

                                                  analysis can be found as a supporting                                 Signing Authority                                                     ■ 2. Amend § 4.104 by revising the entry
                                                  document at http://                                                     The Secretary of Veterans Affairs, or                               for 7008 to read as follows:
                                                  www.regulations.gov, usually within 48                                designee, approved this document and
                                                  hours after the rulemaking document is                                                                                                      § 4.104 Schedule of ratings—
                                                                                                                        authorized the undersigned to sign and                                cardiovascular system.
                                                  published. Additionally, a copy of this                               submit the document to the Office of the
                                                  rulemaking and its impact analysis are                                Federal Register for publication
                                                  available on VA’s Web site at http://                                                                                                                   DISEASES OF THE HEART
                                                                                                                        electronically as an official document of
                                                  www.va.gov/orpm/, by following the                                    the Department of Veterans Affairs.
                                                  link for ‘‘VA Regulations Published                                                                                                                                                           Rating
                                                                                                                        Robert L. Nabors, II, Chief of Staff,
                                                  From FY 2004 Through Fiscal Year to                                   approved this document on June 30,
                                                  Date.’’                                                               2015, for publication.                                                             *     *   *     *                *
                                                  Unfunded Mandates                                                     List of Subjects in 38 CFR Part 4                                     7008 Hyperthyroid heart dis-
                                                     The Unfunded Mandates Reform Act                                                                                                           ease.
                                                                                                                          Disability benefits, Pensions,                                        Rate under the appropriate
                                                  of 1995 requires, at 2 U.S.C. 1532, that                              Veterans.                                                                 cardiovascular diagnostic
                                                  agencies prepare an assessment of
                                                                                                                          Dated: July 1, 2015.                                                    code, depending on par-
                                                  anticipated costs and benefits before                                                                                                           ticular findings.
                                                  issuing any rule that may result in the                               William F. Russo,
                                                  expenditure by State, local, and tribal                               Acting Director, Office of Regulation Policy
                                                                                                                        & Management, Office of the General Counsel,                                           *        *       *       *   *
                                                  governments, in the aggregate, or by the
                                                  private sector, of $100 million or more                               Department of Veterans Affairs.
                                                  (adjusted annually for inflation) in any                                For the reasons set out in the                                      ■ 3. Section 4.119 is revised to read as
                                                  one year. This proposed rule would                                    preamble, the Department of Veterans                                  follows:
                                                  have no such effect on State, local, and                              Affairs proposes to amend 38 CFR part                                 The Endocrine System
                                                  tribal governments, or on the private                                 4 as set forth below:
                                                  sector.                                                                                                                                     § 4.119 Schedule of ratings—endocrine
                                                                                                                        PART 4—SCHEDULE FOR RATING                                            system.
                                                  Catalog of Federal Domestic Assistance                                DISABILITIES
                                                    The Catalog of Federal Domestic
                                                  Assistance numbers and titles for the                                 Subpart B—Disability Ratings
                                                  programs affected by this document are                                ■ 1. The authority citation for part 4
                                                  64.104, Pension for Non-Service-                                      continues to read as follows:
                                                  Connected Disability for Veterans, and
                                                  64.109, Veterans Compensation for                                       Authority: 38 U.S.C. 1155, unless
                                                  Service-Connected Disability.                                         otherwise noted.

                                                                                                                                                                                                                                                Rating

                                                  7900 Hyperthyroidism, including, but not limited to, Graves’ disease:
                                                      For six months after initial diagnosis ............................................................................................................................................                30
                                                      Thereafter, rate residuals of disease or complications of medical treatment within the appropriate diagnostic code(s) within
                                                        the appropriate body system.
                                                      Note (1): If hyperthyroid cardiovascular or cardiac disease is present, separately evaluate under DC 7008 (hyperthyroid
                                                        heart disease).
                                                      Note (2): Separately evaluate eye involvement occurring as a manifestation of Graves’ Disease as diplopia (DC 6090); im-
                                                        pairment of central visual acuity (DCs 6061–6066); or under the most appropriate DCs in § 4.79.
                                                  7901 Thyroid enlargement, toxic.
                                                      Note (1): Evaluate symptoms of hyperthyroidism under DC 7900, hyperthyroidism, including, but not limited to, Graves’ dis-
                                                        ease.
                                                      Note (2): If disfigurement of the neck is present due to thyroid disease or enlargement, separately evaluate under DC 7800
                                                        (burn scar(s) of the head, face, or neck; scar(s) of the head, face, or neck due to other causes; or other disfigurement of
                                                        the head, face, or neck).
                                                  7902 Thyroid enlargement, nontoxic:
                                                      Note (1): Evaluate symptoms due to pressure on adjacent organs (such as the trachea, larynx, or esophagus) under the
                                                        appropriate diagnostic code(s) within the appropriate body system.
                                                      Note (2): If disfigurement of the neck is present due to thyroid disease or enlargement, separately evaluate under DC 7800
                                                        (burn scar(s) of the head, face, or neck; scar(s) of the head, face, or neck due to other causes; or other disfigurement of
                                                        the head, face, or neck).
                                                  7903 Hypothyroidism:
                                                      Hypothyroidism manifesting as myxedema (cold intolerance, muscular weakness, cardiovascular involvement (including, but
                                                        not limited to hypotension, bradycardia, and pericardial effusion), and mental disturbance (including, but not limited to de-
                                                        mentia, slowing of thought and depression)) ...........................................................................................................................                          100
                                                      Note (1): This evaluation shall continue for six months beyond the date that an examining physician has determined crisis
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                                                        stabilization. Thereafter, the residual effects of hypothyroidism shall be rated under the appropriate diagnostic code(s)
                                                        within the appropriate body system(s) (e.g., eye, digestive, and mental disorders).
                                                      Hypothyroidism without myxedema ..............................................................................................................................................                     30
                                                      Note (2): This evaluation shall continue for six months after the initial diagnosis. Thereafter, rate residuals of disease or
                                                        medical treatment under the most appropriate diagnostic code(s)under the appropriate body system (e.g., eye, digestive,
                                                        mental disorders).
                                                      Note (3): If eye involvement, such as exophthalmos, corneal ulcer, blurred vision, or diplopia, is also present due to thyroid
                                                        disease, also separately evaluate under the appropriate diagnostic code(s) in § 4.79, Schedule of Ratings—Eye (such as
                                                        diplopia (DC 6090) or impairment of central visual acuity (DCs 6061–6066)).



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                                                  39018                           Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules

                                                                                                                                                                                                                                                     Rating

                                                  7904 Hyperparathyroidism
                                                      For six months from date of discharge following surgery ............................................................................................................                                    100
                                                      Note (1): After six months, rate on residuals under the appropriate diagnostic code(s) within the appropriate body system(s)
                                                        based on a VA examination.
                                                      Hypercalcemia (indicated by at least one of the following: Total Ca greater than 12mg/dL (3–3.5 mmol/L), Ionized Ca great-
                                                        er than 5.6 mg/dL (2–2.5 mmol/L), creatinine clearance less than 60 mL/min, bone mineral density T-score less than 2.5
                                                        SD (below mean) at any site or previous fragility fracture)                                                                                                                                           60
                                                      Note (2): Where surgical intervention is indicated, this evaluation shall continue until the day of surgery, at which time the
                                                        provisions pertaining to a 100 percent evaluation shall apply.
                                                      Note (3): Where surgical intervention is not indicated, this evaluation shall continue for six months after pharmacologic
                                                        treatment begins. After six months, rate on residuals under the appropriate diagnostic code(s) within the appropriate
                                                        body system(s) based on a VA examination.
                                                      Symptoms such as fatigue, anorexia, nausea, or constipation that occur despite surgery; or in individuals who are not can-
                                                        didates for surgery but require continuous medication for control ...........................................................................................                                         10
                                                      Asymptomatic ...............................................................................................................................................................................             0
                                                      Note (4): Following surgery or other treatment, evaluate chronic residuals, such as nephrolithiasis (kidney stones), de-
                                                        creased renal function, fractures, vision problems, and cardiovascular complications, under the appropriate diagnostic
                                                        codes.
                                                  7905 Hypoparathyroidism:
                                                      For three months after initial diagnosis ........................................................................................................................................                       100
                                                      Thereafter, evaluate chronic residuals, such as nephrolithiasis (kidney stones), cataracts, decreased renal function, and
                                                        congestive heart failure under the appropriate diagnostic codes.
                                                  7906 Thyroiditis
                                                      With normal thyroid function (euthyroid) ......................................................................................................................................                           0
                                                      Note: Manifesting as hyperthyroidism, evaluate as hyperthyroidism, including, but not limited to, Graves’ disease (DC
                                                        7900); manifesting as hypothyroidism, evaluate as hypothyroidism (DC 7903).
                                                  7907 Cushing’s syndrome:
                                                      As active, progressive disease, including areas of osteoporosis, hypertension, and proximal upper and lower extremity
                                                        muscle wasting that results in inability to rise from squatting position, climb stairs, rise from a deep chair without assist-
                                                        ance, or raise arms ...................................................................................................................................................................               100
                                                      Proximal upper or lower extremity muscle wasting that results in inability to rise from squatting position, climb stairs, rise
                                                        from a deep chair without assistance, or raise arms ...............................................................................................................                                   60
                                                      With striae, obesity, moon face, glucose intolerance, and vascular fragility ...............................................................................                                            30
                                                      Note: The evaluations specifically indicated under this diagnostic code shall continue for six months following initial diag-
                                                        nosis. After six months, rate on residuals under the appropriate diagnostic code(s) within the appropriate body system(s).
                                                  7908 Acromegaly:
                                                      Evidence of increased intracranial pressure (such as visual field defect), arthropathy, glucose intolerance, and either hyper-
                                                        tension or cardiomegaly ............................................................................................................................................................                  100
                                                      Arthropathy, glucose intolerance, and hypertension ....................................................................................................................                                  60
                                                      Enlargement of acral parts or overgrowth of long bones ............................................................................................................                                      30
                                                  7909 Diabetes insipidus:
                                                      For three months after initial diagnosis ........................................................................................................................................                       30
                                                      Note: Thereafter, if Diabetes insipidus has subsided, rate residuals under the appropriate diagnostic code(s) within the ap-
                                                        propriate body system.
                                                      With persistent polyuria or requiring continuous hormonal therapy ............................................................................................                                           10
                                                  7911 Addison’s disease (adrenalcortical insufficiency):
                                                      Four or more crises during the past year ....................................................................................................................................                           60
                                                      Three crises during the past year, or; five or more episodes during the past year ....................................................................                                                  40
                                                      One or two crises during the past year, or; two to four episodes during the past year, or; weakness and fatigability, or;
                                                        corticosteroid therapy required for control ................................................................................................................................                          20
                                                      Note (1): An Addisonian ‘‘crisis’’ consists of the rapid onset of peripheral vascular collapse (with acute hypotension and
                                                        shock), with findings that may include: anorexia; nausea; vomiting; dehydration; profound weakness; pain in abdomen,
                                                        legs, and back; fever; apathy, and depressed mentation with possible progression to coma, renal shutdown, and death.
                                                      Note (2): An Addisonian ‘‘episode,’’ for VA purposes, is a less acute and less severe event than an Addisonian crisis and
                                                        may consist of anorexia, nausea, vomiting, diarrhea, dehydration, weakness, malaise, orthostatic hypotension, or hypo-
                                                        glycemia, but no peripheral vascular collapse.
                                                      Note (3): Tuberculous Addison’s disease will be evaluated as active or inactive tuberculosis. If inactive, these evaluations
                                                        are not to be combined with the graduated ratings of 50 percent or 30 percent for non-pulmonary tuberculosis specified
                                                        under § 4.88b. Assign the higher rating.
                                                  7912 Polyglandular syndrome (multiple endocrine neoplasia, autoimmune polyglandular syndrome):
                                                      Evaluate according to major manifestations to include, but not limited to, Type I diabetes mellitus, hyperthyroidism,
                                                        hypothyroidism, hypoparathyroidism, or Addison’s disease.
                                                  7913 Diabetes mellitus
                                                      Requiring more than one daily injection of insulin, restricted diet, and regulation of activities (avoidance of strenuous occu-
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                                                        pational and recreational activities) with episodes of ketoacidosis or hypoglycemic reactions requiring at least three hos-
                                                        pitalizations per year or weekly visits to a diabetic care provider, plus either progressive loss of weight and strength or
                                                        complications that would be compensable if separately evaluated .........................................................................................                                             100
                                                      Requiring one or more daily injection of insulin, restricted diet, and regulation of activities with episodes of ketoacidosis or
                                                        hypoglycemic reactions requiring one or two hospitalizations per year or twice a month visits to a diabetic care provider,
                                                        plus complications that would not be compensable if separately evaluated ...........................................................................                                                  60
                                                      Requiring one or more daily injection of insulin, restricted diet, and regulation of activities ......................................................                                                  40
                                                      Requiring one or more daily injection of insulin and restricted diet, or; oral hypoglycemic agent and restricted diet ................                                                                  20
                                                      Manageable by restricted diet only ..............................................................................................................................................                       10



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                                                                             Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules                                                   39019

                                                                                                                                                                                                          Rating

                                                      Note (1): Evaluate compensable complications of diabetes separately unless they are part of the criteria used to support a
                                                         100 percent evaluation. Noncompensable complications are considered part of the diabetic process under DC 7913.
                                                      Note (2): When diabetes mellitus has been conclusively diagnosed, do not request a glucose tolerance test solely for rating
                                                         purposes.
                                                  7914 Neoplasm, malignant, any specified part of the endocrine system                                                                                             100
                                                      Note: A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy or
                                                         other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be
                                                         determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination
                                                         shall be subject to the provisions of § 3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate
                                                         on residuals.
                                                  7915 Neoplasm, benign, any specified part of the endocrine system:
                                                      Rate as residuals of endocrine dysfunction.
                                                  7916 Hyperpituitarism (prolactin secreting pituitary dysfunction):
                                                      Note: Evaluate as malignant or benign neoplasm, as appropriate.
                                                  7917 Hyperaldosteronism (benign or malignant):
                                                      Note: Evaluate as malignant or benign neoplasm, as appropriate.
                                                  7918 Pheochromocytoma (benign or malignant):
                                                      Note: Evaluate as malignant or benign neoplasm as appropriate.
                                                  7919 C-cell hyperplasia of the thyroid:
                                                      If antineoplastic therapy is required, evaluate as a malignant neoplasm under DC 7914. If a prophylactic thyroidectomy is
                                                         performed (based upon genetic testing) and antineoplastic therapy is not required, evaluate as hypothyroidism under DC
                                                         7903.



                                                  (Authority: 38 U.S.C. 1155)                                   ■ 3. Amend appendix A to part 4 by                            Appendix A to Part 4—Table of
                                                                                                                revising the entries for Secs. §§ 4.104                       Amendments and Effective Dates Since
                                                                                                                and 4.119 to read as follows:                                 1946

                                                                Diagnostic
                                                    Sec.        code No.


                                                            *                       *                    *                   *                    *                                            *          *
                                                  4.104               7000    Evaluation July 6, 1950; evaluation September 22, 1978; evaluation January 12, 1998.

                                                            *                       *                   *                      *                      *                                        *          *
                                                                      7008    Evaluation January 12, 1998; evaluation [effective date of final rule].

                                                            *                         *                       *                      *                       *             *                       *
                                                  4.119               7900    Criterion August 13, 1981; evaluation June 9, 1996; title [effective date of final rule]; evaluation [effective date of final
                                                                                 rule]; criterion [effective date of final rule]; note [effective date of final rule].
                                                                      7901    Criterion August 13, 1981; evaluation June 9, 1996; title [effective date of final rule]; evaluation [effective date of final
                                                                                 rule]; criterion [effective date of final rule].
                                                                      7902    Evaluation August 13, 1981; criterion June 9, 1996; title [effective date of final rule]; evaluation [effective date of final
                                                                                 rule]; criterion [effective date of final rule]; note [effective date of final rule].
                                                                      7903    Criterion August 13, 1981; evaluation June 9, 1996; evaluation [effective date of final rule]; criterion [effective date of final
                                                                                 rule]; note [effective date of final rule].
                                                                      7904    Criterion August 13, 1981; evaluation June 9, 1996; evaluation [effective date of final rule]; criterion [effective date of final
                                                                                 rule]; note [effective date of final rule].
                                                                      7905    Evaluation; August 13, 1981; evaluation June 9, 1996; evaluation [effective date of final rule]; criterion [effective date of
                                                                                 final rule]; note [effective date of final rule]. Added [effective date of final rule].
                                                                      7906    Evaluation; August 13, 1981; evaluation June 9, 1996; criterion [effective date of final rule]; note [effective date of final
                                                                                 rule].
                                                                      7907    Criterion August 13, 1981; criterion June 9, 1996; criterion [effective date of final rule].
                                                                      7908    Evaluation August 13, 1981; criterion June 9, 1996; evaluation June 9, 1996; criterion [effective date of final rule]; note
                                                                                 [effective date of final rule].
                                                                      7909    Removed June 9, 1996.
                                                                      7910    Evaluation March 11, 1969; evaluation August 13, 1981; criterion June 9, 1996; title [effective date of final rule].
                                                                      7911    Title [effective date of final rule].
                                                                      7912    Criterion September 9, 1975; criterion August 13, 1981; criterion June 6, 1996; evaluation June 9, 1996; criterion
                                                                                 [effective date of final rule].
                                                                      7913    Criterion March 10, 1976; criterion August 13, 1981; criterion June 9, 1996.
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                                      7914    Criterion June 9, 1996.
                                                                      7915    Added June 9, 1996.
                                                                      7916    Added June 9, 1996.
                                                                      7917    Added June 9, 1996.
                                                                      7918    Added June 9, 1996; evaluation June 9, 1996; criterion [effective date of final rule].
                                                                      7919    * * *

                                                            *                            *                           *                          *                        *                     *          *



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                                                  39020                         Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Proposed Rules

                                                  ■ 4. Amend Appendix B to Part 4 by                                  7900, 7901, 7902, 7911, and adding                           Appendix B to Part 4—Numerical Index
                                                  revising the entries for diagnostic codes                           diagnostic code 7906 to read as follows:                     of Disabilities

                                                   Diagnostic
                                                   code No.


                                                               *                              *                           *                          *                        *                     *              *

                                                                                                                                   THE ENDOCRINE SYSTEM

                                                  7900 .........        Hyperthyroidism, including, but not limited to, Graves’ disease.
                                                  7901 .........        Thyroid enlargement, toxic.
                                                  7902 .........        Thyroid enlargement, nontoxic.

                                                            *                                 *                           *                          *                        *                     *              *
                                                  7906 .........        Thyroiditis.

                                                            *                           *                    *                  *                  *                                                *              *
                                                  7911 .........        Addison’s disease (adrenocortical insufficiency).
                                                  7912 .........        Polyglandular syndrome (multiple endocrine neoplasia, autoimmune polyglandular syndrome).

                                                               *                              *                           *                          *                        *                     *              *



                                                  ■ 4. Amend appendix C by:                                           ACTION:      Proposed rule.                                    3. Mail or deliver: Andrew Steckel
                                                  ■ a. Adding entries for Graves’ disease.                                                                                         (Air–4), U.S. Environmental Protection
                                                  Polyglandular syndrome and                                          SUMMARY:   The Environmental Protection                      Agency Region IX, 75 Hawthorne Street,
                                                  Thyroiditis in alphabetical order; and                              Agency (EPA) is proposing to approve                         San Francisco, CA 94105–3901.
                                                  ■ b. Revising the disability entry for                              revisions to the Feather River Air                             Instructions: All comments will be
                                                  Thyroid gland. The additions and                                    Quality Management District                                  included in the public docket without
                                                  revision read as follows:                                           (FRAQMD) portion of the California                           change and may be made available
                                                                                                                      State Implementation Plan (SIP).                             online at www.regulations.gov,
                                                  Appendix C to Part 4—Alphabetical                                   Included in this approval are the
                                                  Index of Disabilities                                                                                                            including any personal information
                                                                                                                      following three SIP demonstrations from                      provided, unless the comment includes
                                                                                                                      FRAQMD: 2006 Reasonably Available                            Confidential Business Information (CBI)
                                                                                                      Diagnostic      Control Technology (RACT) Analysis for
                                                                                                      code No.                                                                     or other information whose disclosure is
                                                                                                                      State Implementation Plan (SIP),                             restricted by statute. Information that
                                                                                                                      November 2006; Reasonably Available                          you consider CBI or otherwise protected
                                                     *        *            *               *                    *     Control Technology State                                     should be clearly identified as such and
                                                  Graves’ disease ........................                     7900   Implementation Plan Revision Negative                        should not be submitted through
                                                                                                                      Declaration for Control Techniques                           www.regulations.gov or email.
                                                     *        *        *             *                          *     Guidelines Issued 2006–2008, June 1,
                                                  Polyglandular syndrome ...........                           7912                                                                www.regulations.gov is an ‘‘anonymous
                                                                                                                      2009; and Reasonably Available Control                       access’’ system, and EPA will not know
                                                                                                                      Technology Analysis and Negative                             your identity or contact information
                                                      *             *             *               *            *
                                                                                                                      Declarations, July 3, 2014. The first two                    unless you provide it in the body of
                                                  Thyroid gland                                                       demonstrations address the 1997 8-hour                       your comment. If you send email
                                                      Nontoxic thyroid enlarge-                                       National Ambient Air Quality Standards                       directly to EPA, your email address will
                                                        ment ...............................                   7902   (NAAQS) for ozone, and the third                             be automatically captured and included
                                                      Toxic thyroid enlargement                                7901   demonstration addresses the 2008 8-                          as part of the public comment. If EPA
                                                  Thyroiditis .................................                7906   hour NAAQS for ozone. The submitted                          cannot read your comment due to
                                                                                                                      SIPs also contain negative declarations                      technical difficulties and cannot contact
                                                      *             *             *               *            *      for volatile organic compound (VOC)                          you for clarification, EPA may not be
                                                  [FR Doc. 2015–16666 Filed 7–7–15; 8:45 am]
                                                                                                                      source categories for the years 2006,                        able to consider your comment.
                                                                                                                      2009 and 2014. We are proposing to                           Electronic files should avoid the use of
                                                  BILLING CODE 8320–01–P
                                                                                                                      approve the submitted SIP revisions                          special characters, any form of
                                                                                                                      under the Clean Air Act as amended in                        encryption, and be free of any defects or
                                                                                                                      1990 (CAA or the Act). We are also                           viruses.
                                                  ENVIRONMENTAL PROTECTION                                            proposing to approve a local rule that
                                                  AGENCY                                                                                                                             Docket: Generally, documents in the
                                                                                                                      regulates gasoline dispending facilities.                    docket for this action are available
                                                  40 CFR Part 52                                                      DATES: Any comments on this proposal                         electronically at www.regulations.gov
                                                                                                                      must arrive by August 7, 2015.                               and in hard copy at EPA Region IX, 75
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  [EPA–R09–OAR–2015–0164; FRL–9927–77–                                ADDRESSES: Submit comments,                                  Hawthorne Street, San Francisco,
                                                  Region 9]
                                                                                                                      identified by docket number EPA–R09–                         California 94105–3901. While all
                                                  Revisions to the California State                                   OAR–2015–0164, by one of the                                 documents in the docket are listed at
                                                  Implementation Plan, Feather River Air                              following methods:                                           www.regulations.gov, some information
                                                  Quality Management District                                           1. Federal eRulemaking Portal:                             may be publicly available only at the
                                                                                                                      www.regulations.gov. Follow the on-line                      hard copy location (e.g., copyrighted
                                                  AGENCY: Environmental Protection                                    instructions.                                                material, large maps), and some may not
                                                  Agency (EPA).                                                         2. Email: steckel.andrew@epa.gov.                          be publicly available in either location


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Document Created: 2018-02-23 09:12:29
Document Modified: 2018-02-23 09:12:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by VA on or before September 8, 2015.
ContactNick Olmos-Lau, M.D., FAAN, Medical Officer, Compensation Service, Veterans Benefits Administration, Department of Veterans Affairs, (211C) 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9700. (This is not a toll-free number.)
FR Citation80 FR 39011 
RIN Number2900-AO44
CFR AssociatedDisability Benefits; Pensions and Veterans

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