80_FR_45057 80 FR 44913 - Schedule for Rating Disabilities; Dental and Oral Conditions

80 FR 44913 - Schedule for Rating Disabilities; Dental and Oral Conditions

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 80, Issue 144 (July 28, 2015)

Page Range44913-44921
FR Document2015-17266

The Department of Veterans Affairs (VA) proposes to amend the portion of the VA Schedule for Rating Disabilities (VASRD or rating schedule) that addresses dental and oral conditions. The purpose of these changes is to incorporate medical advances that have occurred since the last amendment, update current medical terminology, and provide clear evaluation criteria for application of this portion of the rating schedule. The proposed rule reflects advances in medical knowledge, recommendations from the Dental and Oral Conditions Work Group (Work Group), which is comprised of subject matter experts from both the Veterans Benefits Administration (VBA) and the Veterans Health Administration (VHA), and comments from experts and the public gathered as part of a public forum. The public forum, focusing on revisions to the dental and oral conditions section of the VASRD, was held on January 25--26, 2011.

Federal Register, Volume 80 Issue 144 (Tuesday, July 28, 2015)
[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Proposed Rules]
[Pages 44913-44921]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17266]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 4

RIN 2900-AP08


Schedule for Rating Disabilities; Dental and Oral Conditions

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend the 
portion of the VA Schedule for Rating Disabilities (VASRD or rating 
schedule) that addresses dental and oral conditions. The purpose of 
these changes is to incorporate medical advances that have occurred 
since the last amendment, update current medical terminology, and 
provide clear evaluation criteria for application of this portion of 
the rating schedule. The proposed rule reflects advances in medical 
knowledge, recommendations from the Dental and Oral Conditions Work 
Group (Work Group), which is comprised of subject matter experts from 
both the Veterans Benefits Administration (VBA) and the Veterans Health 
Administration (VHA), and comments from experts and the public gathered 
as part of a public forum. The public forum, focusing on revisions to 
the dental and oral conditions section of the VASRD, was held on 
January 25--26, 2011.

[[Page 44914]]


DATES: Comments must be received by VA on or before September 28, 2015.

ADDRESSES: Written comments may be submitted through 
www.regulations.gov; by mail or hand-delivery to Director, Regulations 
Management (02REG), Department of Veterans Affairs, 810 Vermont Ave. 
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-AP08--Schedule for Rating Disabilities; Dental and Oral 
Conditions.'' 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: Ioulia Vvedenskaya, Medical Officer, 
Part 4 VASRD Regulations Staff (211C), Compensation Service, Veterans 
Benefits Administration, Department of Veterans Affairs, 810 Vermont 
Ave. NW., Washington, DC 20420, (202) 461-9700. (This is not a toll-
free telephone number.)

SUPPLEMENTARY INFORMATION: As part of VA's ongoing revision of the VA 
Schedule for Rating Disabilities (VASRD or rating schedule), VA 
proposes changes to 38 CFR 4.150, which pertains to dental and oral 
conditions. The proposed changes will (1) update the medical 
terminology of certain dental and oral conditions, (2) add medical 
conditions not currently in the rating schedule, and (3) refine 
evaluation criteria based on medical advances that have occurred since 
the last revision and current understanding of functional changes 
associated with or resulting from disease or injury (pathophysiology).

Schedule of Ratings--Dental and Oral Conditions

    Section 4.150 currently lists 16 diagnostic codes encompassing 
conditions involving dental and oral injury or disease. VA proposes to 
revise these codes, through addition, removal, and other revisions to 
reflect current medical science, terminology, and functional 
impairment.
    VA proposes to add two notes at the beginning of Sec.  4.150 to 
clarify updated medical terminology used later in the diagnostic codes. 
The first note would provide guidance to disability rating personnel 
regarding the evidence necessary to support the objective findings 
described in various diagnostic codes. The note states that, for VA 
compensation purposes, diagnostic imaging studies include, but are not 
limited to, conventional radiography (X-ray), computed tomography (CT), 
magnetic resonance imaging (MRI), positron emission tomography (PET), 
radionuclide bone scanning, or ultrasonography. The second note regards 
rating of residuals that, though part of the disease process for a 
dental or oral condition, cause functional incapacity which cannot be 
evaluated within the dental and oral conditions system. The note 
directs disability rating personnel to evaluate the particular 
functional impairment separately (e.g., loss of vocal articulation, 
loss of smell, loss of taste, neurological impairment, respiratory 
dysfunction, and other impairments), and then apply Sec.  4.25 to 
combine the evaluation with those assigned under the schedule of 
ratings for dental and oral conditions.

Diagnostic Code 9900, ``Maxilla or Mandible, Chronic Osteomyelitis or 
Osteoradionecrosis of:''

    Current diagnostic code 9900 ``Maxilla or mandible, chronic 
osteomyelitis or osteoradionecrosis of,'' directs that such conditions 
be rated as chronic osteomyelitis under diagnostic code 5000. VA 
proposes to add osteonecrosis of the maxilla or mandible (jaw) as one 
of the diseases listed under diagnostic code 9900. Osteonecrosis of the 
jaw, commonly called ONJ, occurs when the jaw bone is exposed (not 
covered by the gums) and begins to deteriorate from a lack of 
bloodflow. Without adequate blood flow, the bone begins to weaken, 
break down, and die, which usually, causes pain. ONJ is associated with 
cancer treatments, infection, steroid use, or potent antiresorptive 
therapies that help prevent the loss of bone mass. Examples of potent 
antiresorptive therapies include bisphosphonates such as alendronate 
(Fosamax); risedronate (Actonel); and ibandronate (Boniva). While ONJ 
is linked with these conditions, it also can occur without clearly 
identifiable risk factors. Osteonecrosis of the Jaw, American College 
of Rheumatology http://www.rheumatology.org/practice/clinical/patients/diseases_and_conditions/onj.asp (last updated Sept. 2012). This 
proposed addition will facilitate assignment of appropriate disability 
evaluations to veterans who are suffering from osteonecrosis of the jaw 
(maxilla or mandible).

Diagnostic Codes 9902 ``Mandible, Loss of Approximately One-Half,'' 
9906 ``Ramus, Loss of Whole or Part of,'' and 9907 ``Ramus, Loss of 
Less Than One-Half the Substance of, Not Involving Loss of Continuity''

    Current diagnostic codes 9902 ``Mandible, loss of approximately 
one-half''; 9906 ``Ramus, loss of whole or part of''; and 9907 ``Ramus, 
loss of less than one-half the substance of, not involving loss of 
continuity'' address impairments associated with various degrees of 
mandible loss. Loss of approximately one-half of the mandible, 
involving temporomandibular articulation, is currently evaluated at 50 
percent; if temporomandibular articulation is not involved, it is 
evaluated at 30 percent. Loss of whole or part of the ramus, involving 
loss of temporomandibular articulation bilaterally, is currently 
evaluated at 50 percent; the same disability presented unilaterally is 
currently evaluated at 30 percent. Without loss of temporomandibular 
articulation, loss of whole or part of the ramus is evaluated at 30 
percent bilaterally and 20 percent unilaterally. Loss of less than one-
half the substance of the ramus, not involving loss of continuity, is 
currently evaluated at 20 percent bilaterally and 10 percent 
unilaterally.
    The mandible is viewed as a single functional unit that consists of 
the mandibular body and the mandibular rami. The anterior portion of 
the mandible, called the body, is horseshoe-shaped and runs 
horizontally. At the posterior ends of the body are two vertical 
extensions called rami (singular, ramus). The Work Group recognized 
that, because the ramus is a portion of the mandible, impairments of 
the ramus should be rated as impairments of the mandible as a whole. 
Therefore, proposed diagnostic code 9902, ``Mandible, loss of, 
including ramus, unilaterally or bilaterally,'' combines evaluations 
currently done under diagnostic codes 9902, 9906, and 9907 to better 
reflect the current understanding of anatomy, physiology, and 
disability due to the disease or injury of the mandible, including the 
rami. Furthermore, the disabling effect of the loss of different 
portions of the mandible has been combined in light of its anatomy and 
the usual reconstruction goals. The proposed rating criteria also 
reflect the function of the portions of the mandible, providing higher 
evaluations for the loss of the joint than for areas that do not 
disrupt continuity. Mehta R.P. et al., Mandibular Reconstruction in 
2004: An Analysis of Different Techniques,

[[Page 44915]]

http://www.ncbi.nlm.nih.gov/pubmed/15252248.
    The reconstruction of oromandibular defects (mandibular 
reconstruction) presents a significant surgical challenge. Mandibular 
deformities and defects may result from trauma, infections, prior 
radiation exposure, and neoplasms (tumors); most mandibular deformities 
result from surgical excision of tumors. The mandible plays a major 
role in airway protection and support of the tongue, lower dentition 
(teeth), and the muscles of the floor of the mouth permitting chewing, 
swallowing, speaking, and respiration. It also defines the contour of 
the lower third of the face. Interruption of mandibular continuity, 
therefore, produces both a cosmetic and functional deformity. The 
resulting dysfunction after loss of part of the mandible varies from 
minimal to major. In order to achieve successful mandibular 
reconstruction, the reconstructive surgeon must attempt to restore bony 
continuity and facial contour, maintain tongue mobility, and attempt to 
restore sensation to the affected areas. In addition, oral and dental 
rehabilitation postoperatively is important to improve the patient's 
ability to manipulate the food bolus, swallow, and articulate speech. 
Jesse E. Smith et al., Mandibular Plating, Medscape, http://emedicine.medscape.com/article/881542-overview (last updated Dec. 19, 
2014).
    In light of these disabling effects of mandibular loss and advances 
in reconstruction of the oral cavity, VA proposes additional levels of 
disability to recognize greater functional impairment where mandibular 
loss cannot be replaced by prostheses. VA proposes a 70 percent 
evaluation for the loss of one-half or more of the mandible, involving 
temporomandibular articulation, where the loss is not replaceable by 
prosthesis. VA proposes a 50 percent evaluation for the same anatomical 
loss, where it is replaceable by prosthesis. VA proposes a 40 percent 
evaluation for the loss of one-half or more of mandible, not involving 
temporomandibular articulation, where the loss is not replaceable by 
prosthesis, and a 30 percent evaluation for the same anatomical loss, 
where it is replaceable by prosthesis. VA differentiates the 
evaluations involving one-half or more of the mandible, whether or not 
involving temporomandibular articulation, on the basis of whether or 
not they are replaceable by prosthesis because large, complex defects 
where a prosthesis is not suitable present greater functional and 
cosmetic impairments.
    VA proposes a 70 percent evaluation for the loss of less than one-
half of the mandible, involving temporomandibular articulation, where 
the loss is not replaceable by prosthesis. VA proposes a 50 percent 
evaluation for the same anatomical loss, where it is replaceable by 
prosthesis. VA proposes a 20 percent evaluation for the loss of less 
than one-half of mandible, not involving temporomandibular 
articulation, where the loss is not replaceable by prosthesis, and a 10 
percent evaluation for the same anatomical loss, where it is 
replaceable by prosthesis. VA differentiates the evaluations involving 
less than one-half of the mandible, whether or not involving 
temporomandibular articulation, on the basis of whether or not they are 
replaceable by prosthesis because large, complex defects where a 
prosthesis is not suitable present greater functional and cosmetic 
impairments.
    Consequently, VA proposes to delete existing diagnostic codes 9906 
``Ramus, loss of whole or part of:'' and 9907 ``Ramus, loss of less 
than one-half the substance of, not involving loss of continuity:'' 
while incorporating relevant evaluation criteria into revised 
diagnostic code 9902 ``Mandible, loss of, including ramus, unilaterally 
or bilaterally.''

Diagnostic Code 9903 ``Mandible, Nonunion of, Confirmed by Diagnostic 
Imaging Studies:''

    Current diagnostic code 9903 addresses impairments associated with 
nonunion of the mandible. Severe and moderate nonunion of the mandible 
are currently rated at 30 percent and 10 percent, respectively, and 
evaluation is dependent upon the degree of motion and relative loss of 
masticatory function. However, the current rating criteria do not 
reflect modern medical terminology because a nonunion occurs when the 
mandible does not heal in an appropriate time frame and the result is 
mobility of the fracture segments present after an adequate healing 
phase. In addition, if the mandibular fragments are not immobilized 
properly immediately after fracture, or treatment is delayed, a fibrous 
union (i.e., nonunion) is formed and radiographic evidence is often 
needed to make this determination. Edward W. Chang et al., General 
Principles of Mandible Fracture and Occlusion, Medscape, http://emedicine.medscape.com/article/868375-overview (last updated Mar. 28, 
2014).
    Therefore, VA proposes to re-title diagnostic code 9903 as 
``Mandible, nonunion of, confirmed by diagnostic imaging studies:'' and 
base newly developed rating criteria on a better understanding of 
anatomy, physiology, and functional impairment of the mandibular 
nonunion. Under proposed diagnostic code 9903, mandibular nonunion 
would warrant a 30 percent evaluation with the presence of false 
motion, which is considered severe, or a 10 percent evaluation if there 
is no false motion, which is considered moderate. In addition, VA 
proposes to delete the note under current diagnostic code 9903.

Diagnostic Code 9904 ``Mandible, Malunion of:''

    Currently, malunion of mandible where severe, moderate, and slight 
displacement is present is rated at 20, 10, and 0 percent, 
respectively, and is dependent upon degree of motion and relative loss 
of masticatory function. However, the current rating criteria do not 
reflect modern medical terminology because malunion refers to improper 
alignment of the healed bony segments where the normal anatomic 
structure is not restored because of unsatisfactory reduction and the 
result is abnormal occlusion (i.e., open bite) and joint function. 
Edward W. Chang et al., General Principles of Mandible Fracture and 
Occlusion, Medscape, http://emedicine.medscape.com/article/868375-overview (last updated Mar. 28, 2014).
    Therefore, VA proposes to base newly developed rating criteria on a 
better understanding of anatomy, physiology, and functional impairment 
of the mandibular malunion. Under proposed diagnostic code 9904, 
mandibular malunion with displacement causing severe or moderate 
anterior or posterior open bite resulting in displacement would warrant 
20 and 10 percent evaluations respectively. A 0 percent evaluation 
would be assigned for mandibular malunion resulting in displacement 
that does not cause anterior or posterior open bite. In addition, VA 
proposes to delete the note under diagnostic code 9904. The proposed 
rating criteria are based on measurable signs of functional impairment 
and incorporate all elements of disability evaluation in cases of 
mandibular malunion.

Diagnostic Code 9905 ``Temporomandibular Disorder.''

    Diagnostic code 9905 is currently titled ``Temporomandibular 
articulation, limited motion of,'' which represents outdated medical 
terminology. The term TMJ is actually an abbreviation for the longer 
anatomical term--temporomandibular joint. Unfortunately, over the 
years, the term

[[Page 44916]]

TMJ has developed into a long misunderstood and yet commonly used 
acronym in the vocabulary of both doctors and patients alike. As a 
result of this common misappropriation of terminology, in the last 
several years there has been a concerted effort on the part of the 
medical profession to change the acronym to TMD (temporomandibular 
disorder) in an effort to more accurately reflect that which is more 
often being discussed. The American Association of Oral and 
Maxillofacial Surgeons (AAOMS) has recognized TMD as appropriate 
terminology for the group of disorders affecting the temporomandibular 
joint.
    VA proposes to retitle diagnostic code 9905 as ``Temporomandibular 
disorder (TMD),'' which is consistent with current medical terminology. 
TMD refers to a collection of medical and dental conditions affecting 
the temporomandibular joint and/or the muscles of mastication, as well 
as contiguous tissue components. Although specific etiologies such as 
degenerative arthritis and trauma underlie some TMD, as a group these 
conditions have no common etiology or biological explanation and 
comprise a diverse group of health problems whose signs and symptoms 
are overlapping, but not necessarily identical. Temporomandibular 
Disorders (TMD), American Academy of Orofacial Pain, https://s3.amazonaws.com/ClubExpressClubFiles/508439/documents/AAOP_Brochure_-_TMD_Revision_3-27-2014.pdf?AWSAccessKeyId=AKIAIB6I23VLJX7E4J7Q&Expires=1435244199&response-content-disposition=inline%3B%20filename%3DAAOP_Brochure_-_TMD_Revision_3-27-2014.pdf&Signature=Jb117XxOWMO%2FT5tFkXgZ9MobBG0%3D 
(last visited Jun. 25, 2015).
    Under current diagnostic code 9905, motion limitation for 
temporomandibular articulation is measured solely as loss of 
interincisal opening and lateral excursive distance, where ratings for 
limited interincisal movement are not combined with ratings for limited 
lateral excursion. Current diagnostic code 9905 provides for the 
following evaluations: A 40 percent evaluation with interincisal range 
from 0 to 10 mm (millimeters); a 30 percent evaluation with 
interincisal range from 11 to 20 mm; a 20 percent evaluation with 
interincisal range from 21 to 30 mm; a 10 percent evaluation with 
interincisal range from 31 to 40 mm; and a 10 percent evaluation with 
lateral excursion of 0 to 4 mm.
    The understanding of what constitutes disability due to TMD and how 
to quantify the contributory components has evolved. Charles F. Guardia 
et al., Temporomandibular Disorders, Medscape, http://emedicine.medscape.com/article/1143410-overview#showall (last updated 
Jan. 7, 2014). The Work Group developed rating criteria that takes into 
account restriction of diet and limitation of mouth opening in the 
evaluation of functional impairment due to TMD.
    In addition, VA proposes to revise the rating criteria according to 
the current indicators of normal range of mouth opening measured by 
vertical (inter-incisal) opening. Guidelines to the Evaluation of 
Impairment of the Oral and Maxillofacial Region, American Association 
of Oral and Maxillofacial Surgeons, http://www.astmjs.org/impairment.html. Under proposed diagnostic code 9905, 10 mm of maximum 
unassisted vertical opening with dietary restrictions to all 
mechanically altered foods would warrant a 50 percent evaluation; 10 mm 
of maximum unassisted vertical opening without dietary restrictions to 
mechanically altered foods would warrant a 40 percent evaluation; 20 mm 
of maximum unassisted vertical opening with dietary restrictions to all 
mechanically altered foods would warrant a 40 percent evaluation; 20 mm 
of maximum unassisted vertical opening without dietary restrictions to 
mechanically altered foods would warrant a 30 percent evaluation; 29 mm 
of maximum unassisted vertical opening with dietary restrictions to 
full liquid and pureed foods would warrant a 40 percent evaluation; 29 
mm of maximum unassisted vertical opening with dietary restrictions to 
soft and semi-solid foods would warrant a 30 percent evaluation; 29 mm 
of maximum unassisted vertical opening without dietary restrictions to 
mechanically altered foods would warrant a 20 percent evaluation; 34 mm 
of maximum unassisted vertical opening with dietary restrictions to 
full liquid and pureed foods would warrant a 30 percent evaluation; 34 
mm of maximum unassisted vertical opening with dietary restrictions to 
soft and semi-solid foods would warrant a 20 percent evaluation; 34 mm 
of maximum unassisted vertical opening without dietary restrictions to 
mechanically altered foods would warrant a 10 percent evaluation. VA 
proposes retaining the current criteria at 10 percent for lateral 
excursion limited to 0 to 4 mm, in addition to adding the 10 percent 
evaluation for 34 mm of maximum unassisted vertical opening without 
dietary restrictions to mechanically altered foods.
    The additional criteria were added to integrate the use of 
mechanically altered foods that allows for more accurate assessment of 
functional capacity in cases of temporomandibular disorder that 
requires texture-modified diets. Furthermore, properly prepared 
texture-modified diets can help improve or maintain the nutritional 
status of a patient who requires a texture-modified diet. Evidence-
Based Nutrition Practice Guidelines and Evidence-Based Toolkits 
developed by the Academy of Nutrition and Dietics (formerly American 
Dietetic Association) defines mechanically altered foods as altered by 
blending, chopping, grinding or mashing so that they are easy to chew 
and swallow (i.e., full liquid, puree, soft and semisolid foods). 
Academy of Nutrition and Dietics, Level 2 Nutrition Therapy for 
Dysphagia: Mechanically Altered Foods, http://nutritioncaremanual.org/vault/editor/Docs/Level%202%20NT%20for%20Dysphagia_MechAltered.pdf 
(last visited Jun. 3, 2015).
    In addition to the existing note, VA proposes to add two notes 
under diagnostic code 9905 to provide comprehensive guidance to 
disability rating personnel. The existing note would be redesignated as 
Note (1). Note (2) would provide that the normal maximum unassisted 
range of vertical jaw opening is from 35 to 50 mm, which is based on 
current guidelines to the evaluation of impairment of the oral and 
maxillofacial region. Guidelines to the Evaluation of Impairment of the 
Oral and Maxillofacial Region, American Association of Oral and 
Maxillofacial Surgeons, http://www.astmjs.org/impairment.html (last 
visited Jun. 3, 2015). The guidance on consideration of texture-
modified diets is provided in proposed note (3). Proposed note (3) 
would define ``mechanically altered foods'' as altered by blending, 
chopping, grinding or mashing so that they are easy to chew and 
swallow, specifically full liquid, puree, soft and semisolid foods. 
Finally, proposed note (3) instructs disability rating specialists 
that, in order to warrant a rating elevation based on mechanically 
altered foods, a physician must record or verify the use of texture-
modified diets.

Diagnostic Code 9911 ``Hard Palate, Loss of:''

    Current diagnostic codes 9911 ``Hard palate, loss of half or 
more:'' and 9912 ``Hard palate, loss of less than half of:'' address 
loss of the hard palate. VA proposes to restructure the current rating 
criteria and combine evaluations presently done under these two codes

[[Page 44917]]

into proposed diagnostic code 9911, titled ``Hard palate, loss of:'' 
for ease of use. No change to the evaluation criteria is proposed.

Diagnostic Code 9916 ``Maxilla, Malunion or Nonunion of:''

    Current diagnostic code 9916 addresses impairments associated with 
malunion or nonunion of maxilla. Currently, severe displacement due to 
malunion or nonunion of maxilla warrants a 30 percent evaluation, while 
moderate and slight displacement warrant 10 and 0 percent evaluations, 
respectively. However, the current criteria do not reflect modern 
medical terminology and do not take into account advances in the 
understanding of anatomy and physiology of maxillary fractures and its 
residuals. Kris S. Moe et al., Maxillary and Le Fort Fractures, 
Medscape, http://emedicine.medscape.com/article/1283568-overview (last 
updated Dec. 3, 2013).
    Therefore, VA proposes to restructure the rating criteria to 
recognize the various aspects of maxillary fractures and their 
functional outcomes. Specifically, in cases of nonunion, the mobility 
of the maxillary fracture segments is the key sign of nonunion; 
therefore, disability evaluations would be based on the presence or 
absence of false motion. In cases of malunion, improper alignment of 
the healed bony segments, which result in abnormal occlusion (i.e., 
open bite) and joint function, is the principal component of functional 
impairment due to maxillary malunion; therefore, disability evaluations 
would be based on the degree of displacement of bony segments, which 
cause various degrees of open bite.
    Under proposed diagnostic code 9916, maxillary nonunion with false 
motion present would warrant a 30 percent evaluation. A 10 percent 
evaluation would be assigned for maxillary nonunion without false 
motion.
    Under proposed diagnostic code 9916, maxillary malunion with 
displacement that causes severe or moderate anterior or posterior open 
bite would warrant 30 and 10 percent evaluations, respectively. A 0 
percent evaluation would be assigned for maxillary malunion with 
displacement that causes mild anterior or posterior open bite. For the 
sake of clarity for disability rating personnel, VA proposes to insert 
a new note stating that, for VA compensation purposes, the severity of 
maxillary nonunion is dependent upon the degree of abnormal mobility of 
maxilla fragments following treatment (i.e., presence or absence of 
false motion), and that maxillary nonunion has to be confirmed by 
diagnostic imaging studies. Maxillary nonunion is difficult to diagnose 
without diagnostic imaging studies because fibrosis makes nonunions 
semi-stable and mimic healed bone upon physical examination. Thus, 
diagnostic imaging is necessary for a diagnosis of nonunion.

New Diagnostic Codes

    VA also proposes to add two new diagnostic codes in order to 
account for impairment due to benign and malignant oral lesions 
(neoplasms). Nader Sadeghi et al., Malignant Tumors of the Palate, 
Medscape, http://emedicine.medscape.com/article/847807-overview (last 
updated Apr. 22, 2015). Surgical resections of benign and malignant 
tumors often create large defects accompanied by dysfunction and 
disfigurement, and radiation therapy produces significant morbidity and 
unique tissue-management problems. Therefore, disabilities resulting 
from various treatments for benign and malignant neoplasms shall be 
rated based on residuals such as loss of supporting structures (bone or 
teeth) and/or functional impairment due to scarring.
    Proposed diagnostic code 9917, titled ``Neoplasm, hard and soft 
tissue, benign,'' directs that such conditions be rated as loss of 
supporting structures (bone or teeth) and/or functional impairment due 
to scarring. Proposed diagnostic code 9918, titled ``Neoplasm, hard and 
soft tissue, malignant,'' directs that such conditions be rated at 100 
percent. The note following diagnostic code 9918 would state that the 
rating of 100 percent shall continue beyond the cessation of any 
surgical, radiation, antineoplastic chemotherapy or other therapeutic 
procedure and that, six months after discontinuance of such treatment, 
the appropriate disability rating shall be determined by mandatory VA 
examination. The note would also state that any change in evaluation 
based upon that or any subsequent examination shall be subject to the 
provisions of 38 CFR 3.105(e). Lastly, the note would direct rating 
personnel to evaluate based on residuals, such as loss of supporting 
structures and/or functional impairment due to scarring, if there has 
been no local recurrence or metastasis.

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 not affect any small 
entities. Only certain VA beneficiaries could be directly affected. 
Therefore, pursuant to 5 U.S.C. 605(b), this proposed rule 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,'' which requires 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 this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking

[[Page 44918]]

document is published. Additionally, a copy of the 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 64.011, Veterans Dental 
Care, 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 9, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy & Management, Office of 
the General Counsel, Department of Veterans Affairs.
    For the reasons stated in the preamble, VA proposes to amend 38 CFR 
part 4, subpart B as set forth below:

PART 4--SCHEDULE FOR RATING DISABILITIES

0
1. The authority citation for part 4 continues to read as follows:

    Authority: 38 U.S.C. 1155, unless otherwise noted.

Subpart B--Disability Ratings

0
2. Amend Sec.  4.150 by revising the entries for diagnostic codes 9900, 
9902-9905, 9911, 9916; adding Notes 1 and 2, diagnostic codes 9917 and 
9918; and removing diagnostic codes 9906, 9907, and 9912.
    The revisions and addtions read as follows:


Sec.  4.150  Schedule of ratings--dental and oral conditions.

Note (1): For VA compensation purposes, diagnostic
 imaging studies include, but are not limited to,
 conventional radiography (X-ray), computed tomography
 (CT), magnetic resonance imaging (MRI), positron
 emission tomography (PET), radionuclide bone scanning,
 or ultrasonography.....................................
Note (2): Separately evaluate loss of vocal
 articulation, loss of smell, loss of taste,
 neurological impairment, respiratory dysfunction, and
 other impairments under the appropriate diagnostic code
 and combine under Sec.   4.25 for each separately rated
 condition..............................................
9900 Maxilla or mandible, chronic osteomyelitis,
 osteonecrosis or osteoradionecrosis of:
    Rate as osteomyelitis, chronic under diagnostic code
     5000...............................................
 
                              * * * * * * *
9902 Mandible loss of, including ramus, unilaterally or
 bilaterally:
    Loss of one-half or more,
        Involving temporomandibular articulation........
            Not replaceable by prosthesis...............              70
            Replaceable by prosthesis...................              50
        Not involving temporomandibular articulation....
            Not replaceable by prosthesis...............              40
            Replaceable by prosthesis...................              30
    Loss of less than one-half,
        Involving temporomandibular articulation........
            Not replaceable by prosthesis...............              70
            Replaceable by prosthesis...................              50
        Not involving temporomandibular articulation....
            Not replaceable by prosthesis...............              20
            Replaceable by prosthesis...................              10
9903 Mandible, nonunion of, confirmed by diagnostic
 imaging studies:
    Severe, with false motion...........................              30
    Moderate, without false motion......................              10
9904 Mandible, malunion of:
    Displacement, causing severe anterior or posterior                20
     open bite..........................................
    Displacement, causing moderate anterior or posterior              10
     open bite..........................................
    Displacement, not causing anterior or posterior open               0
     bite...............................................
9905 Temporomandibular disorder (TMD).
    Interincisal range:
        10 millimeters (mm) of maximum unassisted
         vertical opening...............................
            With dietary restrictions to all                          50
             mechanically altered food..................
            Without dietary restrictions to mechanically              40
             altered foods..............................
        20 mm of maximum unassisted vertical opening....
            With dietary restrictions to all                          40
             mechanically altered foods.................
            Without dietary restrictions to mechanically              30
             altered foods..............................
        29 mm of maximum unassisted vertical opening....
            With dietary restrictions to full liquid and              40
             pureed foods...............................
            With dietary restrictions to soft and semi-               30
             solid foods................................
            Without dietary restrictions to mechanically              20
             altered foods..............................
        34 mm of maximum unassisted vertical opening....
            With dietary restrictions to full liquid and              30
             pureed foods...............................

[[Page 44919]]

 
            With dietary restrictions to soft and semi-               20
             solid foods................................
            Without dietary restrictions to mechanically              10
             altered foods..............................
    Lateral excursion range of motion:
        0 to 4 mm.......................................              10
Note (1): Ratings for limited interincisal movement
 shall not be combined with ratings for limited lateral
 excursion.
Note (2): For VA compensation purposes, the normal
 maximum unassisted range of vertical jaw opening is
 from 35 to 50 mm.
Note (3): For VA compensation purposes, mechanically
 altered foods are defined as altered by blending,
 chopping, grinding or mashing so that they are easy to
 chew and swallow. There are four levels of mechanically
 altered foods: full liquid, puree, soft, and semisolid
 foods. To warrant elevation based on mechanically
 altered foods, the use of texture-modified diets must
 be recorded or verified by a physician.
 
                              * * * * * * *
9911 Hard palate, loss of:
    Loss of half or more, not replaceable by prosthesis.              30
    Loss of less than half, not replaceable by                        20
     prosthesis.........................................
    Loss of half or more, replaceable by prosthesis.....              10
    Loss of less than half, replaceable by prosthesis...               0
 
                              * * * * * * *
9916 Maxilla, malunion or nonunion of:
    Nonunion,
        with false motion...............................              30
        without false motion............................              10
    Malunion,
        with displacement, causing severe anterior or                 30
         posterior open bite............................
        with displacement, causing moderate anterior or               10
         posterior open bite............................
        with displacement, causing mild anterior or                    0
         posterior open bite............................
Note: For VA compensation purposes, the severity of
 maxillary nonunion is dependent upon the degree of
 abnormal mobility of maxilla fragments (i.e., presence
 or absence of false motion), and maxillary nonunion
 must be confirmed by diagnostic imaging studies.
9917 Neoplasm, hard and soft tissue, benign.
    Rate as loss of supporting structures (bone or
     teeth) and/or functional impairment due to
     scarring.
9918 Neoplasm, hard and soft tissue, malignant..........             100
    Note: A rating of 100 percent shall continue beyond
     the cessation of any surgical, radiation,
     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 such as loss of supporting
     structures (bone or teeth) and/or functional
     impairment due to scarring.
------------------------------------------------------------------------

(Authority: 38 U.S.C. 1155)

0
3. Amend Appendix A to Part 4 by revising the entries for diagnostic 
codes 9900, 9902, 9903, 9905, 9911, 9916; adding diagnostic codes 9904, 
9917 and 9918; and removing diagnostic codes 9906, 9907, and 9912 to 
read as follows:

Appendix A to Part 4--Table of Amendments and Effective Dates Since 1946
------------------------------------------------------------------------
                                   Diagnostic
              Sec.                  Code No.
------------------------------------------------------------------------
 
                              * * * * * * *
 
                              * * * * * * *
                                           9900  Criterion September 22,
                                                  1978; criterion
                                                  February 17, 1994;
                                                  title [effective date
                                                  of final rule].
 
                              * * * * * * *
                                           9902  Criterion February 17,
                                                  1994; evaluation
                                                  [effective date of
                                                  final rule]; title
                                                  [effective date of
                                                  final rule].
                                           9903  Criterion February 17,
                                                  1994; evaluation
                                                  [effective date of
                                                  final rule]; title
                                                  [effective date of
                                                  final rule].
                                           9904  Criterion [effective
                                                  date of final rule].
                                           9905  Criterion September 22,
                                                  1978; evaluation
                                                  February 17, 1994;
                                                  evaluation [effective
                                                  date of final rule];
                                                  title [effective date
                                                  of final rule].
                                           9906  Removed [effective date
                                                  of final rule].
                                           9907  Removed [effective date
                                                  of final rule].
 
                              * * * * * * *
                                           9911  Criterion and title
                                                  [effective date of
                                                  final rule].
                                           9912  Removed [effective date
                                                  of final rule].
 
                              * * * * * * *
                                           9916  Added February 17,
                                                  1994; criterion
                                                  [effective date of
                                                  final rule].
                                           9917  Added [effective date
                                                  of final rule].
                                           9918  Added [effective date
                                                  of final rule].

[[Page 44920]]

 
 
                              * * * * * * *
------------------------------------------------------------------------

0
4. Amend Appendix B to Part 4 by revising the entries for diagnostic 
codes 9900, 9902, 9903, 9905, and 9911; adding 9917 and 9918; and 
removing 9906, 9907, and 9912.
    The revisions read as follows:

          Appendix B to Part 4--Numerical Index of Disabilities
------------------------------------------------------------------------
        Diagnostic Code No.
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
                       DENTAL AND ORAL CONDITIONS
------------------------------------------------------------------------
9900..............................  Maxilla or mandible, chronic
                                     osteomyelitis, osteonecrosis or
                                     osteoradionecrosis of.
 
                              * * * * * * *
9902..............................  Mandible loss of, including ramus,
                                     unilaterally or bilaterally.
9903..............................  Mandible, nonunion of, confirmed by
                                     diagnostic imaging studies.
 
                              * * * * * * *
9905..............................  Temporomandibular disorder (TMD).
 
                              * * * * * * *
9911..............................  Hard palate, loss of.
 
                              * * * * * * *
9917..............................  Neoplasm, hard and soft tissue,
                                     benign.
9918..............................  Neoplasm, hard and soft tissue,
                                     malignant.
 
                              * * * * * * *
------------------------------------------------------------------------

0
5. Amend Appendix C to Part 4 by revising the entries for diagnostic 
codes 9900, 9902, 9903, 9905, and 9911; adding 9917 and 9918; and 
removing 9906, 9907, and 9912.
    The revisions and additions read as follows:

        Appendix C to Part 4--Alphabetical Index of Disabilities
------------------------------------------------------------------------
                                                            Diagnostic
                                                             Code No.
------------------------------------------------------------------------
 
                              * * * * * * *
Limitation of motion:
    Temporomandibular...................................            9905
 
                              * * * * * * *
Mandible:
    Including ramus, unilaterally or bilaterally........            9902
 
                              * * * * * * *
Loss of:
    Palate, hard........................................            9911
 
                              * * * * * * *
    Maxilla or mandible, chronic osteomyelitis,                     9900
     osteonecrosis or osteoradionecrosis of.............
 
                              * * * * * * *
Neoplasms:
    Benign:
 
                              * * * * * * *
        Hard and soft tissue............................            9917
 

[[Page 44921]]

 
                              * * * * * * *
    Malignant:
 
                              * * * * * * *
        Hard and soft tissue............................            9918
 
                              * * * * * * *
Nonunion:
    Mandible, confirmed by diagnostic imaging studies...            9903
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2015-17266 Filed 7-27-15; 8:45 am]
 BILLING CODE 8320-01-P



                                                                               Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules                                                  44913

                                                      analyzed this proposed rule under that                   Indian tribes, or on the distribution of               be installed in the deepwater area of the
                                                      Order and have determined that it does                   power and responsibilities between the                 Gulf of Mexico at Walker Ridge 551. The
                                                      not have implications for federalism.                    Federal Government and Indian tribes.                  FPSO can swing in a 360 degree arc
                                                                                                                                                                      around the center point of the turret
                                                      6. Protest Activities                                    12. Energy Effects
                                                                                                                                                                      buoy’s swing circle at 26°25′38.74″ N,
                                                        The Coast Guard respects the First                       We have analyzed this proposed rule                  90°48′45.34″ W, and the area within 500
                                                      Amendment rights of protesters.                          under Executive Order 13211, Actions                   meters (1640.4 feet) around the stern of
                                                      Protesters are asked to contact the                      Concerning Regulations That                            the FPSO when it is moored to the turret
                                                      person listed in the FOR FURTHER                         Significantly Affect Energy Supply,                    buoy is a safety zone. If the FPSO
                                                      INFORMATION CONTACT section to                           Distribution, or Use.                                  detaches from the turret buoy, the area
                                                      coordinate protest activities so that your                                                                      within 500 meters (1640.4 feet) around
                                                                                                               13. Technical Standards
                                                      message can be received without                                                                                 the center point at 26°25′38.74″ N,
                                                      jeopardizing the safety or security of                     This proposed rule does not use                      90°48′45.34″ W is a safety zone.
                                                      people, places or vessels.                               technical standards. Therefore, we did                   (b) Regulation. No vessel may enter or
                                                                                                               not consider the use of voluntary                      remain in this safety zone except the
                                                      7. Unfunded Mandates Reform Act                          consensus standards.                                   following:
                                                         The Unfunded Mandates Reform Act                                                                               (1) An attending vessel;
                                                      of 1995 (2 U.S.C. 1531–1538) requires                    14. Environment
                                                                                                                                                                        (2) A vessel under 100 feet in length
                                                      Federal agencies to assess the effects of                  We have analyzed this proposed rule                  overall not engaged in towing; or
                                                      their discretionary regulatory actions. In               under Department of Homeland                             (3) A vessel authorized by the
                                                      particular, the Act addresses actions                    Security Management Directive 023–01                   Commander, Eighth Coast Guard
                                                      that may result in the expenditure by a                  and Commandant Instruction                             District.
                                                      State, local, or tribal government, in the               M16475.lD, which guide the Coast
                                                                                                                                                                        Dated: June 7, 2015.
                                                      aggregate, or by the private sector of                   Guard in complying with the National
                                                      $100,000,000 (adjusted for inflation) or                 Environmental Policy Act of 1969                       David R. Callahan,
                                                      more in any one year. Though this                        (NEPA) 42 U.S.C. 4321–4370f), and have                 Rear Admiral, U.S. Coast Guard, Commander,
                                                      proposed rule would not result in such                   made a preliminary determination that                  Eighth Coast Guard District.
                                                      an expenditure, we do discuss the                        this action is one of a category of actions            [FR Doc. 2015–18397 Filed 7–27–15; 8:45 am]
                                                      effects of this rule elsewhere in this                   which do not individually or                           BILLING CODE 9110–04–P
                                                      preamble.                                                cumulatively have a significant effect on
                                                                                                               the human environment. This proposed
                                                      8. Taking of Private Property                                                                                   DEPARTMENT OF VETERANS
                                                                                                               rule involves the establishment of a
                                                        This proposed rule would not cause a                   safety zone around an OCS facility to                  AFFAIRS
                                                      taking of private property or otherwise                  protect life, property and the marine
                                                      have taking implications under                           environment. This proposed rule is                     38 CFR Part 4
                                                      Executive Order 12630, Governmental                      categorical excluded from further                      RIN 2900–AP08
                                                      Actions and Interference with                            review, under figure 2–1, paragraph
                                                      Constitutionally Protected Property                      (34)(g), of the Commandant Instruction.                Schedule for Rating Disabilities; Dental
                                                      Rights.                                                  A preliminary environmental analysis                   and Oral Conditions
                                                      9. Civil Justice Reform                                  checklist supporting this determination
                                                                                                               and the Categorical Exclusion                          AGENCY:    Department of Veterans Affairs.
                                                         This proposed rule meets applicable                   Determination are available in the                     ACTION:   Proposed rule.
                                                      standards in sections 3(a) and 3(b)(2) of                docket where indicated under
                                                      Executive Order 12988, Civil Justice                                                                            SUMMARY:   The Department of Veterans
                                                                                                               ADDRESSES. We seek any comments or
                                                      Reform, to minimize litigation,                                                                                 Affairs (VA) proposes to amend the
                                                                                                               information that may lead to the
                                                      eliminate ambiguity, and reduce                                                                                 portion of the VA Schedule for Rating
                                                                                                               discovery of a significant environmental
                                                      burden.                                                                                                         Disabilities (VASRD or rating schedule)
                                                                                                               impact from this proposed rule.
                                                                                                                                                                      that addresses dental and oral
                                                      10. Protection of Children From                          List of Subjects in 33 CFR Part 147                    conditions. The purpose of these
                                                      Environmental Health Risks                                                                                      changes is to incorporate medical
                                                                                                                 Continental shelf, Marine safety,
                                                         We have analyzed this proposed rule                   Navigation (water).                                    advances that have occurred since the
                                                      under Executive Order 13045,                                                                                    last amendment, update current medical
                                                                                                                 For the reasons discussed in the                     terminology, and provide clear
                                                      Protection of Children from
                                                                                                               preamble, the Coast Guard proposes to                  evaluation criteria for application of this
                                                      Environmental Health Risks and Safety
                                                                                                               amend 33 CFR part 147 as follows:                      portion of the rating schedule. The
                                                      Risks. This proposed rule is not
                                                      economically significant and would not                   PART 147—SAFETY ZONES                                  proposed rule reflects advances in
                                                      create an environmental risk to health or                                                                       medical knowledge, recommendations
                                                      risk to safety that might                                ■ 1. The authority citation for part 147               from the Dental and Oral Conditions
                                                      disproportionately affect children.                      continues to read as follows:                          Work Group (Work Group), which is
                                                                                                                                                                      comprised of subject matter experts
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      11. Indian Tribal Governments                              Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
                                                                                                               and Department of Homeland Security
                                                                                                                                                                      from both the Veterans Benefits
                                                         This proposed rule does not have                      Delegation No. 0170.1.                                 Administration (VBA) and the Veterans
                                                      tribal implications under Executive                      ■    2. Add § 147.863 to read as follows:              Health Administration (VHA), and
                                                      Order 13175, Consultation and                                                                                   comments from experts and the public
                                                      Coordination with Indian Tribal                          § 147.863     Turritella FPSO System Safety            gathered as part of a public forum. The
                                                      Governments, because it would not have                   Zone.                                                  public forum, focusing on revisions to
                                                      a substantial direct effect on one or                      (a) Description. The Turritella, a                   the dental and oral conditions section of
                                                      more Indian tribes, on the relationship                  Floating Production, Storage and                       the VASRD, was held on January 25—
                                                      between the Federal Government and                       Offloading (FPSO) system is proposed to                26, 2011.


                                                 VerDate Sep<11>2014   19:07 Jul 27, 2015   Jkt 235001   PO 00000    Frm 00022   Fmt 4702   Sfmt 4702   E:\FR\FM\28JYP1.SGM   28JYP1


                                                      44914                    Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules

                                                      DATES:  Comments must be received by                     personnel regarding the evidence                      Diagnostic Codes 9902 ‘‘Mandible, Loss
                                                      VA on or before September 28, 2015.                      necessary to support the objective                    of Approximately One-Half,’’ 9906
                                                      ADDRESSES: Written comments may be                       findings described in various diagnostic              ‘‘Ramus, Loss of Whole or Part of,’’ and
                                                      submitted through www.regulations.gov;                   codes. The note states that, for VA                   9907 ‘‘Ramus, Loss of Less Than One-
                                                      by mail or hand-delivery to Director,                    compensation purposes, diagnostic                     Half the Substance of, Not Involving
                                                      Regulations Management (02REG),                          imaging studies include, but are not                  Loss of Continuity’’
                                                      Department of Veterans Affairs, 810                      limited to, conventional radiography (X-                 Current diagnostic codes 9902
                                                      Vermont Ave. NW., Room 1068,                             ray), computed tomography (CT),                       ‘‘Mandible, loss of approximately one-
                                                      Washington, DC 20420; or by fax to                       magnetic resonance imaging (MRI),                     half’’; 9906 ‘‘Ramus, loss of whole or
                                                      (202) 273–9026. Comments should                          positron emission tomography (PET),                   part of’’; and 9907 ‘‘Ramus, loss of less
                                                      indicate that they are submitted in                      radionuclide bone scanning, or                        than one-half the substance of, not
                                                      response to ‘‘RIN 2900–AP08—Schedule                     ultrasonography. The second note                      involving loss of continuity’’ address
                                                      for Rating Disabilities; Dental and Oral                 regards rating of residuals that, though              impairments associated with various
                                                      Conditions.’’ Copies of comments                         part of the disease process for a dental              degrees of mandible loss. Loss of
                                                      received will be available for public                    or oral condition, cause functional                   approximately one-half of the mandible,
                                                      inspection in the Office of Regulation                   incapacity which cannot be evaluated                  involving temporomandibular
                                                      Policy and Management, Room 1068,                        within the dental and oral conditions                 articulation, is currently evaluated at 50
                                                      between the hours of 8:00 a.m. and 4:30                  system. The note directs disability                   percent; if temporomandibular
                                                      p.m., Monday through Friday (except                      rating personnel to evaluate the
                                                                                                                                                                     articulation is not involved, it is
                                                      holidays). Please call (202) 461–4902 for                particular functional impairment
                                                                                                                                                                     evaluated at 30 percent. Loss of whole
                                                      an appointment. (This is not a toll free                 separately (e.g., loss of vocal
                                                                                                                                                                     or part of the ramus, involving loss of
                                                      number). In addition, during the                         articulation, loss of smell, loss of taste,
                                                                                                                                                                     temporomandibular articulation
                                                      comment period, comments may be                          neurological impairment, respiratory
                                                                                                                                                                     bilaterally, is currently evaluated at 50
                                                      viewed online through the Federal                        dysfunction, and other impairments),
                                                                                                                                                                     percent; the same disability presented
                                                      Docket Management System (FDMS) at                       and then apply § 4.25 to combine the
                                                                                                                                                                     unilaterally is currently evaluated at 30
                                                      www.regulations.gov.                                     evaluation with those assigned under
                                                                                                                                                                     percent. Without loss of
                                                                                                               the schedule of ratings for dental and
                                                      FOR FURTHER INFORMATION CONTACT:                                                                               temporomandibular articulation, loss of
                                                                                                               oral conditions.
                                                      Ioulia Vvedenskaya, Medical Officer,                                                                           whole or part of the ramus is evaluated
                                                      Part 4 VASRD Regulations Staff (211C),                   Diagnostic Code 9900, ‘‘Maxilla or                    at 30 percent bilaterally and 20 percent
                                                      Compensation Service, Veterans                           Mandible, Chronic Osteomyelitis or                    unilaterally. Loss of less than one-half
                                                      Benefits Administration, Department of                   Osteoradionecrosis of:’’                              the substance of the ramus, not
                                                      Veterans Affairs, 810 Vermont Ave.                          Current diagnostic code 9900                       involving loss of continuity, is currently
                                                      NW., Washington, DC 20420, (202) 461–                    ‘‘Maxilla or mandible, chronic                        evaluated at 20 percent bilaterally and
                                                      9700. (This is not a toll-free telephone                 osteomyelitis or osteoradionecrosis of,’’             10 percent unilaterally.
                                                      number.)                                                 directs that such conditions be rated as                 The mandible is viewed as a single
                                                      SUPPLEMENTARY INFORMATION: As part of                    chronic osteomyelitis under diagnostic                functional unit that consists of the
                                                      VA’s ongoing revision of the VA                          code 5000. VA proposes to add                         mandibular body and the mandibular
                                                      Schedule for Rating Disabilities (VASRD                  osteonecrosis of the maxilla or mandible              rami. The anterior portion of the
                                                      or rating schedule), VA proposes                         (jaw) as one of the diseases listed under             mandible, called the body, is horseshoe-
                                                      changes to 38 CFR 4.150, which pertains                  diagnostic code 9900. Osteonecrosis of                shaped and runs horizontally. At the
                                                      to dental and oral conditions. The                       the jaw, commonly called ONJ, occurs                  posterior ends of the body are two
                                                      proposed changes will (1) update the                     when the jaw bone is exposed (not                     vertical extensions called rami (singular,
                                                      medical terminology of certain dental                    covered by the gums) and begins to                    ramus). The Work Group recognized
                                                      and oral conditions, (2) add medical                     deteriorate from a lack of bloodflow.                 that, because the ramus is a portion of
                                                      conditions not currently in the rating                   Without adequate blood flow, the bone                 the mandible, impairments of the ramus
                                                      schedule, and (3) refine evaluation                      begins to weaken, break down, and die,                should be rated as impairments of the
                                                      criteria based on medical advances that                  which usually, causes pain. ONJ is                    mandible as a whole. Therefore,
                                                      have occurred since the last revision                    associated with cancer treatments,                    proposed diagnostic code 9902,
                                                      and current understanding of functional                  infection, steroid use, or potent                     ‘‘Mandible, loss of, including ramus,
                                                      changes associated with or resulting                     antiresorptive therapies that help                    unilaterally or bilaterally,’’ combines
                                                      from disease or injury                                   prevent the loss of bone mass. Examples               evaluations currently done under
                                                      (pathophysiology).                                       of potent antiresorptive therapies                    diagnostic codes 9902, 9906, and 9907
                                                                                                               include bisphosphonates such as                       to better reflect the current
                                                      Schedule of Ratings—Dental and Oral                      alendronate (Fosamax); risedronate                    understanding of anatomy, physiology,
                                                      Conditions                                               (Actonel); and ibandronate (Boniva).                  and disability due to the disease or
                                                        Section 4.150 currently lists 16                       While ONJ is linked with these                        injury of the mandible, including the
                                                      diagnostic codes encompassing                            conditions, it also can occur without                 rami. Furthermore, the disabling effect
                                                      conditions involving dental and oral                     clearly identifiable risk factors.                    of the loss of different portions of the
                                                      injury or disease. VA proposes to revise                 Osteonecrosis of the Jaw, American                    mandible has been combined in light of
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      these codes, through addition, removal,                  College of Rheumatology http://                       its anatomy and the usual
                                                      and other revisions to reflect current                   www.rheumatology.org/practice/                        reconstruction goals. The proposed
                                                      medical science, terminology, and                        clinical/patients/diseases_and_                       rating criteria also reflect the function of
                                                      functional impairment.                                   conditions/onj.asp (last updated Sept.                the portions of the mandible, providing
                                                        VA proposes to add two notes at the                    2012). This proposed addition will                    higher evaluations for the loss of the
                                                      beginning of § 4.150 to clarify updated                  facilitate assignment of appropriate                  joint than for areas that do not disrupt
                                                      medical terminology used later in the                    disability evaluations to veterans who                continuity. Mehta R.P. et al.,
                                                      diagnostic codes. The first note would                   are suffering from osteonecrosis of the               Mandibular Reconstruction in 2004: An
                                                      provide guidance to disability rating                    jaw (maxilla or mandible).                            Analysis of Different Techniques,


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                                                                               Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules                                          44915

                                                      http://www.ncbi.nlm.nih.gov/pubmed/                         VA proposes a 70 percent evaluation                developed rating criteria on a better
                                                      15252248.                                                for the loss of less than one-half of the             understanding of anatomy, physiology,
                                                         The reconstruction of oromandibular                   mandible, involving                                   and functional impairment of the
                                                      defects (mandibular reconstruction)                      temporomandibular articulation, where                 mandibular nonunion. Under proposed
                                                      presents a significant surgical challenge.               the loss is not replaceable by prosthesis.            diagnostic code 9903, mandibular
                                                      Mandibular deformities and defects may                   VA proposes a 50 percent evaluation for               nonunion would warrant a 30 percent
                                                      result from trauma, infections, prior                    the same anatomical loss, where it is                 evaluation with the presence of false
                                                      radiation exposure, and neoplasms                        replaceable by prosthesis. VA proposes                motion, which is considered severe, or
                                                      (tumors); most mandibular deformities                    a 20 percent evaluation for the loss of               a 10 percent evaluation if there is no
                                                      result from surgical excision of tumors.                 less than one-half of mandible, not                   false motion, which is considered
                                                      The mandible plays a major role in                       involving temporomandibular                           moderate. In addition, VA proposes to
                                                      airway protection and support of the                     articulation, where the loss is not                   delete the note under current diagnostic
                                                      tongue, lower dentition (teeth), and the                 replaceable by prosthesis, and a 10                   code 9903.
                                                      muscles of the floor of the mouth                        percent evaluation for the same
                                                                                                                                                                     Diagnostic Code 9904 ‘‘Mandible,
                                                      permitting chewing, swallowing,                          anatomical loss, where it is replaceable
                                                                                                                                                                     Malunion of:’’
                                                      speaking, and respiration. It also defines               by prosthesis. VA differentiates the
                                                      the contour of the lower third of the                    evaluations involving less than one-half                 Currently, malunion of mandible
                                                      face. Interruption of mandibular                         of the mandible, whether or not                       where severe, moderate, and slight
                                                                                                               involving temporomandibular                           displacement is present is rated at 20,
                                                      continuity, therefore, produces both a
                                                                                                               articulation, on the basis of whether or              10, and 0 percent, respectively, and is
                                                      cosmetic and functional deformity. The
                                                                                                               not they are replaceable by prosthesis                dependent upon degree of motion and
                                                      resulting dysfunction after loss of part of
                                                                                                               because large, complex defects where a                relative loss of masticatory function.
                                                      the mandible varies from minimal to
                                                                                                               prosthesis is not suitable present greater            However, the current rating criteria do
                                                      major. In order to achieve successful
                                                                                                               functional and cosmetic impairments.                  not reflect modern medical terminology
                                                      mandibular reconstruction, the
                                                                                                                  Consequently, VA proposes to delete                because malunion refers to improper
                                                      reconstructive surgeon must attempt to
                                                                                                               existing diagnostic codes 9906 ‘‘Ramus,               alignment of the healed bony segments
                                                      restore bony continuity and facial
                                                                                                               loss of whole or part of:’’ and 9907                  where the normal anatomic structure is
                                                      contour, maintain tongue mobility, and
                                                                                                               ‘‘Ramus, loss of less than one-half the               not restored because of unsatisfactory
                                                      attempt to restore sensation to the                                                                            reduction and the result is abnormal
                                                                                                               substance of, not involving loss of
                                                      affected areas. In addition, oral and                                                                          occlusion (i.e., open bite) and joint
                                                                                                               continuity:’’ while incorporating
                                                      dental rehabilitation postoperatively is                                                                       function. Edward W. Chang et al.,
                                                                                                               relevant evaluation criteria into revised
                                                      important to improve the patient’s                                                                             General Principles of Mandible Fracture
                                                                                                               diagnostic code 9902 ‘‘Mandible, loss of,
                                                      ability to manipulate the food bolus,                                                                          and Occlusion, Medscape, http://
                                                                                                               including ramus, unilaterally or
                                                      swallow, and articulate speech. Jesse E.                                                                       emedicine.medscape.com/article/
                                                                                                               bilaterally.’’
                                                      Smith et al., Mandibular Plating,                                                                              868375-overview (last updated Mar. 28,
                                                      Medscape, http://                                        Diagnostic Code 9903 ‘‘Mandible,                      2014).
                                                      emedicine.medscape.com/article/                          Nonunion of, Confirmed by Diagnostic                     Therefore, VA proposes to base newly
                                                      881542-overview (last updated Dec. 19,                   Imaging Studies:’’                                    developed rating criteria on a better
                                                      2014).                                                      Current diagnostic code 9903                       understanding of anatomy, physiology,
                                                         In light of these disabling effects of                addresses impairments associated with                 and functional impairment of the
                                                      mandibular loss and advances in                          nonunion of the mandible. Severe and                  mandibular malunion. Under proposed
                                                      reconstruction of the oral cavity, VA                    moderate nonunion of the mandible are                 diagnostic code 9904, mandibular
                                                      proposes additional levels of disability                 currently rated at 30 percent and 10                  malunion with displacement causing
                                                      to recognize greater functional                          percent, respectively, and evaluation is              severe or moderate anterior or posterior
                                                      impairment where mandibular loss                         dependent upon the degree of motion                   open bite resulting in displacement
                                                      cannot be replaced by prostheses. VA                     and relative loss of masticatory                      would warrant 20 and 10 percent
                                                      proposes a 70 percent evaluation for the                 function. However, the current rating                 evaluations respectively. A 0 percent
                                                      loss of one-half or more of the mandible,                criteria do not reflect modern medical                evaluation would be assigned for
                                                      involving temporomandibular                              terminology because a nonunion occurs                 mandibular malunion resulting in
                                                      articulation, where the loss is not                      when the mandible does not heal in an                 displacement that does not cause
                                                      replaceable by prosthesis. VA proposes                   appropriate time frame and the result is              anterior or posterior open bite. In
                                                      a 50 percent evaluation for the same                     mobility of the fracture segments                     addition, VA proposes to delete the note
                                                      anatomical loss, where it is replaceable                 present after an adequate healing phase.              under diagnostic code 9904. The
                                                      by prosthesis. VA proposes a 40 percent                  In addition, if the mandibular fragments              proposed rating criteria are based on
                                                      evaluation for the loss of one-half or                   are not immobilized properly                          measurable signs of functional
                                                      more of mandible, not involving                          immediately after fracture, or treatment              impairment and incorporate all
                                                      temporomandibular articulation, where                    is delayed, a fibrous union (i.e.,                    elements of disability evaluation in
                                                      the loss is not replaceable by prosthesis,               nonunion) is formed and radiographic                  cases of mandibular malunion.
                                                      and a 30 percent evaluation for the same                 evidence is often needed to make this
                                                      anatomical loss, where it is replaceable                 determination. Edward W. Chang et al.,                Diagnostic Code 9905
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      by prosthesis. VA differentiates the                     General Principles of Mandible Fracture               ‘‘Temporomandibular Disorder.’’
                                                      evaluations involving one-half or more                   and Occlusion, Medscape, http://                         Diagnostic code 9905 is currently
                                                      of the mandible, whether or not                          emedicine.medscape.com/article/                       titled ‘‘Temporomandibular articulation,
                                                      involving temporomandibular                              868375-overview (last updated Mar. 28,                limited motion of,’’ which represents
                                                      articulation, on the basis of whether or                 2014).                                                outdated medical terminology. The term
                                                      not they are replaceable by prosthesis                      Therefore, VA proposes to re-title                 TMJ is actually an abbreviation for the
                                                      because large, complex defects where a                   diagnostic code 9903 as ‘‘Mandible,                   longer anatomical term—
                                                      prosthesis is not suitable present greater               nonunion of, confirmed by diagnostic                  temporomandibular joint.
                                                      functional and cosmetic impairments.                     imaging studies:’’ and base newly                     Unfortunately, over the years, the term


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                                                      44916                    Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules

                                                      TMJ has developed into a long                              The understanding of what                           without dietary restrictions to
                                                      misunderstood and yet commonly used                      constitutes disability due to TMD and                 mechanically altered foods.
                                                      acronym in the vocabulary of both                        how to quantify the contributory                         The additional criteria were added to
                                                      doctors and patients alike. As a result of               components has evolved. Charles F.                    integrate the use of mechanically altered
                                                      this common misappropriation of                          Guardia et al., Temporomandibular                     foods that allows for more accurate
                                                      terminology, in the last several years                   Disorders, Medscape, http://                          assessment of functional capacity in
                                                      there has been a concerted effort on the                 emedicine.medscape.com/article/                       cases of temporomandibular disorder
                                                      part of the medical profession to change                 1143410-overview#showall (last updated                that requires texture-modified diets.
                                                      the acronym to TMD                                       Jan. 7, 2014). The Work Group                         Furthermore, properly prepared texture-
                                                      (temporomandibular disorder) in an                       developed rating criteria that takes into             modified diets can help improve or
                                                      effort to more accurately reflect that                   account restriction of diet and limitation            maintain the nutritional status of a
                                                      which is more often being discussed.                     of mouth opening in the evaluation of                 patient who requires a texture-modified
                                                      The American Association of Oral and                     functional impairment due to TMD.                     diet. Evidence-Based Nutrition Practice
                                                      Maxillofacial Surgeons (AAOMS) has                                                                             Guidelines and Evidence-Based Toolkits
                                                      recognized TMD as appropriate                              In addition, VA proposes to revise the              developed by the Academy of Nutrition
                                                      terminology for the group of disorders                   rating criteria according to the current              and Dietics (formerly American Dietetic
                                                      affecting the temporomandibular joint.                   indicators of normal range of mouth                   Association) defines mechanically
                                                                                                               opening measured by vertical (inter-                  altered foods as altered by blending,
                                                         VA proposes to retitle diagnostic code
                                                                                                               incisal) opening. Guidelines to the                   chopping, grinding or mashing so that
                                                      9905 as ‘‘Temporomandibular disorder
                                                                                                               Evaluation of Impairment of the Oral                  they are easy to chew and swallow (i.e.,
                                                      (TMD),’’ which is consistent with
                                                      current medical terminology. TMD                         and Maxillofacial Region, American                    full liquid, puree, soft and semisolid
                                                      refers to a collection of medical and                    Association of Oral and Maxillofacial                 foods). Academy of Nutrition and
                                                      dental conditions affecting the                          Surgeons, http://www.astmjs.org/                      Dietics, Level 2 Nutrition Therapy for
                                                      temporomandibular joint and/or the                       impairment.html. Under proposed                       Dysphagia: Mechanically Altered Foods,
                                                      muscles of mastication, as well as                       diagnostic code 9905, 10 mm of                        http://nutritioncaremanual.org/vault/
                                                      contiguous tissue components.                            maximum unassisted vertical opening                   editor/Docs/Level%202%20NT%20
                                                                                                               with dietary restrictions to all                      for%20Dysphagia_MechAltered.pdf
                                                      Although specific etiologies such as
                                                                                                               mechanically altered foods would                      (last visited Jun. 3, 2015).
                                                      degenerative arthritis and trauma
                                                                                                               warrant a 50 percent evaluation; 10 mm                   In addition to the existing note, VA
                                                      underlie some TMD, as a group these                                                                            proposes to add two notes under
                                                      conditions have no common etiology or                    of maximum unassisted vertical opening
                                                                                                               without dietary restrictions to                       diagnostic code 9905 to provide
                                                      biological explanation and comprise a                                                                          comprehensive guidance to disability
                                                      diverse group of health problems whose                   mechanically altered foods would
                                                                                                               warrant a 40 percent evaluation; 20 mm                rating personnel. The existing note
                                                      signs and symptoms are overlapping,                                                                            would be redesignated as Note (1). Note
                                                      but not necessarily identical.                           of maximum unassisted vertical opening
                                                                                                               with dietary restrictions to all                      (2) would provide that the normal
                                                      Temporomandibular Disorders (TMD),                                                                             maximum unassisted range of vertical
                                                      American Academy of Orofacial Pain,                      mechanically altered foods would
                                                                                                               warrant a 40 percent evaluation; 20 mm                jaw opening is from 35 to 50 mm, which
                                                      https://s3.amazonaws.com/                                                                                      is based on current guidelines to the
                                                      ClubExpressClubFiles/508439/                             of maximum unassisted vertical opening
                                                                                                               without dietary restrictions to                       evaluation of impairment of the oral and
                                                      documents/AAOP_Brochure_-_TMD_                                                                                 maxillofacial region. Guidelines to the
                                                      Revision_3-27-                                           mechanically altered foods would
                                                                                                                                                                     Evaluation of Impairment of the Oral
                                                      2014.pdf?AWSAccessKeyId=                                 warrant a 30 percent evaluation; 29 mm
                                                                                                                                                                     and Maxillofacial Region, American
                                                      AKIAIB6I23VLJX7E                                         of maximum unassisted vertical opening
                                                                                                                                                                     Association of Oral and Maxillofacial
                                                      4J7Q&Expires=1435244199&response-                        with dietary restrictions to full liquid
                                                                                                                                                                     Surgeons, http://www.astmjs.org/
                                                      content-                                                 and pureed foods would warrant a 40
                                                                                                                                                                     impairment.html (last visited Jun. 3,
                                                      disposition=inline%3B%20filename                         percent evaluation; 29 mm of maximum                  2015). The guidance on consideration of
                                                      %3DAAOP_Brochure_-_TMD_Revision_                         unassisted vertical opening with dietary              texture-modified diets is provided in
                                                      3-27-2014.pdf&Signature=Jb117Xx                          restrictions to soft and semi-solid foods             proposed note (3). Proposed note (3)
                                                      OWMO%2FT5tFkXgZ9MobBG0%3D                                would warrant a 30 percent evaluation;                would define ‘‘mechanically altered
                                                      (last visited Jun. 25, 2015).                            29 mm of maximum unassisted vertical                  foods’’ as altered by blending, chopping,
                                                         Under current diagnostic code 9905,                   opening without dietary restrictions to               grinding or mashing so that they are
                                                      motion limitation for                                    mechanically altered foods would                      easy to chew and swallow, specifically
                                                      temporomandibular articulation is                        warrant a 20 percent evaluation; 34 mm                full liquid, puree, soft and semisolid
                                                      measured solely as loss of interincisal                  of maximum unassisted vertical opening                foods. Finally, proposed note (3)
                                                      opening and lateral excursive distance,                  with dietary restrictions to full liquid              instructs disability rating specialists
                                                      where ratings for limited interincisal                   and pureed foods would warrant a 30                   that, in order to warrant a rating
                                                      movement are not combined with                           percent evaluation; 34 mm of maximum                  elevation based on mechanically altered
                                                      ratings for limited lateral excursion.                   unassisted vertical opening with dietary              foods, a physician must record or verify
                                                      Current diagnostic code 9905 provides                    restrictions to soft and semi-solid foods             the use of texture-modified diets.
                                                      for the following evaluations: A 40                      would warrant a 20 percent evaluation;
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      percent evaluation with interincisal                     34 mm of maximum unassisted vertical                  Diagnostic Code 9911 ‘‘Hard Palate,
                                                      range from 0 to 10 mm (millimeters); a                   opening without dietary restrictions to               Loss of:’’
                                                      30 percent evaluation with interincisal                  mechanically altered foods would                         Current diagnostic codes 9911 ‘‘Hard
                                                      range from 11 to 20 mm; a 20 percent                     warrant a 10 percent evaluation. VA                   palate, loss of half or more:’’ and 9912
                                                      evaluation with interincisal range from                  proposes retaining the current criteria at            ‘‘Hard palate, loss of less than half of:’’
                                                      21 to 30 mm; a 10 percent evaluation                     10 percent for lateral excursion limited              address loss of the hard palate. VA
                                                      with interincisal range from 31 to 40                    to 0 to 4 mm, in addition to adding the               proposes to restructure the current
                                                      mm; and a 10 percent evaluation with                     10 percent evaluation for 34 mm of                    rating criteria and combine evaluations
                                                      lateral excursion of 0 to 4 mm.                          maximum unassisted vertical opening                   presently done under these two codes


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                                                                               Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules                                            44917

                                                      into proposed diagnostic code 9911,                      and that maxillary nonunion has to be                 Regulatory Flexibility Act
                                                      titled ‘‘Hard palate, loss of:’’ for ease of             confirmed by diagnostic imaging                         The Secretary hereby certifies that
                                                      use. No change to the evaluation criteria                studies. Maxillary nonunion is difficult              this proposed rule would not have a
                                                      is proposed.                                             to diagnose without diagnostic imaging                significant economic impact on a
                                                                                                               studies because fibrosis makes                        substantial number of small entities as
                                                      Diagnostic Code 9916 ‘‘Maxilla,
                                                      Malunion or Nonunion of:’’                               nonunions semi-stable and mimic                       they are defined in the Regulatory
                                                                                                               healed bone upon physical examination.                Flexibility Act (5 U.S.C. 601–612). This
                                                         Current diagnostic code 9916                          Thus, diagnostic imaging is necessary
                                                      addresses impairments associated with                                                                          proposed rule would not affect any
                                                                                                               for a diagnosis of nonunion.                          small entities. Only certain VA
                                                      malunion or nonunion of maxilla.
                                                      Currently, severe displacement due to                    New Diagnostic Codes                                  beneficiaries could be directly affected.
                                                      malunion or nonunion of maxilla                                                                                Therefore, pursuant to 5 U.S.C. 605(b),
                                                                                                                  VA also proposes to add two new                    this proposed rule is exempt from the
                                                      warrants a 30 percent evaluation, while                  diagnostic codes in order to account for
                                                      moderate and slight displacement                                                                               initial and final regulatory flexibility
                                                                                                               impairment due to benign and                          analysis requirements of sections 603
                                                      warrant 10 and 0 percent evaluations,                    malignant oral lesions (neoplasms).
                                                      respectively. However, the current                                                                             and 604.
                                                                                                               Nader Sadeghi et al., Malignant Tumors
                                                      criteria do not reflect modern medical                   of the Palate, Medscape, http://                      Executive Orders 12866 and 13563
                                                      terminology and do not take into                         emedicine.medscape.com/article/
                                                      account advances in the understanding                                                                             Executive Orders 12866 and 13563
                                                                                                               847807-overview (last updated Apr. 22,                direct agencies to assess the costs and
                                                      of anatomy and physiology of maxillary                   2015). Surgical resections of benign and
                                                      fractures and its residuals. Kris S. Moe                                                                       benefits of available regulatory
                                                                                                               malignant tumors often create large                   alternatives and, when regulation is
                                                      et al., Maxillary and Le Fort Fractures,                 defects accompanied by dysfunction
                                                      Medscape, http://                                                                                              necessary, to select regulatory
                                                                                                               and disfigurement, and radiation                      approaches that maximize net benefits
                                                      emedicine.medscape.com/article/                          therapy produces significant morbidity
                                                      1283568-overview (last updated Dec. 3,                                                                         (including potential economic,
                                                                                                               and unique tissue-management                          environmental, public health and safety
                                                      2013).
                                                                                                               problems. Therefore, disabilities                     effects, and other advantages;
                                                         Therefore, VA proposes to restructure
                                                                                                               resulting from various treatments for                 distributive impacts; and equity).
                                                      the rating criteria to recognize the
                                                      various aspects of maxillary fractures                   benign and malignant neoplasms shall                  Executive Order 13563 (Improving
                                                      and their functional outcomes.                           be rated based on residuals such as loss              Regulation and Regulatory Review)
                                                      Specifically, in cases of nonunion, the                  of supporting structures (bone or teeth)              emphasizes the importance of
                                                      mobility of the maxillary fracture                       and/or functional impairment due to                   quantifying both costs and benefits,
                                                      segments is the key sign of nonunion;                    scarring.                                             reducing costs, harmonizing rules, and
                                                      therefore, disability evaluations would                     Proposed diagnostic code 9917, titled              promoting flexibility. Executive Order
                                                      be based on the presence or absence of                   ‘‘Neoplasm, hard and soft tissue,                     12866 (Regulatory Planning and
                                                      false motion. In cases of malunion,                      benign,’’ directs that such conditions be             Review) defines a ‘‘significant
                                                      improper alignment of the healed bony                    rated as loss of supporting structures                regulatory action,’’ which requires
                                                      segments, which result in abnormal                       (bone or teeth) and/or functional                     review by the Office of Management and
                                                      occlusion (i.e., open bite) and joint                    impairment due to scarring. Proposed                  Budget (OMB), unless OMB waives such
                                                      function, is the principal component of                  diagnostic code 9918, titled ‘‘Neoplasm,              review, as ‘‘any regulatory action that is
                                                      functional impairment due to maxillary                   hard and soft tissue, malignant,’’ directs            likely to result in a rule that may: (1)
                                                      malunion; therefore, disability                          that such conditions be rated at 100                  Have an annual effect on the economy
                                                      evaluations would be based on the                        percent. The note following diagnostic                of $100 million or more or adversely
                                                      degree of displacement of bony                           code 9918 would state that the rating of              affect in a material way the economy, a
                                                      segments, which cause various degrees                    100 percent shall continue beyond the                 sector of the economy, productivity,
                                                      of open bite.                                            cessation of any surgical, radiation,                 competition, jobs, the environment,
                                                         Under proposed diagnostic code 9916,                  antineoplastic chemotherapy or other                  public health or safety, or State, local,
                                                      maxillary nonunion with false motion                     therapeutic procedure and that, six                   or tribal governments or communities;
                                                      present would warrant a 30 percent                       months after discontinuance of such                   (2) Create a serious inconsistency or
                                                      evaluation. A 10 percent evaluation                      treatment, the appropriate disability                 otherwise interfere with an action taken
                                                      would be assigned for maxillary                          rating shall be determined by mandatory               or planned by another agency; (3)
                                                      nonunion without false motion.                           VA examination. The note would also                   Materially alter the budgetary impact of
                                                         Under proposed diagnostic code 9916,                  state that any change in evaluation                   entitlements, grants, user fees, or loan
                                                      maxillary malunion with displacement                     based upon that or any subsequent                     programs or the rights and obligations of
                                                      that causes severe or moderate anterior                  examination shall be subject to the                   recipients thereof; or (4) Raise novel
                                                      or posterior open bite would warrant 30                  provisions of 38 CFR 3.105(e). Lastly,                legal or policy issues arising out of legal
                                                      and 10 percent evaluations,                              the note would direct rating personnel                mandates, the President’s priorities, or
                                                      respectively. A 0 percent evaluation                     to evaluate based on residuals, such as               the principles set forth in this Executive
                                                      would be assigned for maxillary                          loss of supporting structures and/or                  Order.’’
                                                      malunion with displacement that causes                   functional impairment due to scarring,                   The economic, interagency,
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      mild anterior or posterior open bite. For                if there has been no local recurrence or              budgetary, legal, and policy
                                                      the sake of clarity for disability rating                metastasis.                                           implications of this regulatory action
                                                      personnel, VA proposes to insert a new                                                                         have been examined, and it has been
                                                                                                               Paperwork Reduction Act
                                                      note stating that, for VA compensation                                                                         determined not to be a significant
                                                      purposes, the severity of maxillary                        This proposed rule contains no                      regulatory action under Executive Order
                                                      nonunion is dependent upon the degree                    provisions constituting a collection of               12866. VA’s impact analysis can be
                                                      of abnormal mobility of maxilla                          information under the Paperwork                       found as a supporting document at
                                                      fragments following treatment (i.e.,                     Reduction Act of 1995 (44 U.S.C. 3501–                http://www.regulations.gov, usually
                                                      presence or absence of false motion),                    3521).                                                within 48 hours after the rulemaking


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                                                      44918                            Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules

                                                      document is published. Additionally, a                                 64.011, Veterans Dental Care, and                                       PART 4—SCHEDULE FOR RATING
                                                      copy of the rulemaking and its impact                                  64.109, Veterans Compensation for                                       DISABILITIES
                                                      analysis are available on VA’s Web site                                Service-Connected Disability.
                                                      at http://www.va.gov/orpm/, by                                                                                                                 ■ 1. The authority citation for part 4
                                                                                                                             Signing Authority
                                                      following the link for VA Regulations                                                                                                          continues to read as follows:
                                                      Published From FY 2004 Through Fiscal                                    The Secretary of Veterans Affairs, or
                                                      Year to Date.                                                          designee, approved this document and                                      Authority: 38 U.S.C. 1155, unless
                                                                                                                             authorized the undersigned to sign and                                  otherwise noted.
                                                      Unfunded Mandates                                                      submit the document to the Office of the
                                                         The Unfunded Mandates Reform Act                                    Federal Register for publication                                        Subpart B—Disability Ratings
                                                      of 1995 requires, at 2 U.S.C. 1532, that                               electronically as an official document of
                                                      agencies prepare an assessment of                                      the Department of Veterans Affairs.                                     ■ 2. Amend § 4.150 by revising the
                                                      anticipated costs and benefits before                                  Robert L. Nabors, II, Chief of Staff,                                   entries for diagnostic codes 9900, 9902–
                                                      issuing any rule that may result in the                                approved this document on June 30,                                      9905, 9911, 9916; adding Notes 1 and 2,
                                                      expenditure by State, local, and tribal                                2015, for publication.                                                  diagnostic codes 9917 and 9918; and
                                                      governments, in the aggregate, or by the                                                                                                       removing diagnostic codes 9906, 9907,
                                                                                                                             List of Subjects in 38 CFR Part 4
                                                      private sector, of $100 million or more                                                                                                        and 9912.
                                                      (adjusted annually for inflation) in any                                 Disability benefits, Pensions,
                                                                                                                                                                                                       The revisions and addtions read as
                                                      one year. This proposed rule would                                     Veterans.
                                                                                                                                                                                                     follows:
                                                      have no such effect on State, local, and                                 Dated: July 9, 2015.
                                                      tribal governments, or on the private                                  William F. Russo,                                                       § 4.150 Schedule of ratings—dental and
                                                      sector.                                                                Acting Director, Office of Regulation Policy                            oral conditions.
                                                                                                                             & Management, Office of the General Counsel,
                                                      Catalog of Federal Domestic Assistance                                 Department of Veterans Affairs.
                                                        The Catalog of Federal Domestic                                        For the reasons stated in the
                                                      Assistance numbers and titles for the                                  preamble, VA proposes to amend 38
                                                      programs affected by this document are                                 CFR part 4, subpart B as set forth below:

                                                      Note (1): For VA compensation purposes, diagnostic imaging studies include, but are not limited to, conventional radiography
                                                        (X-ray), computed tomography (CT), magnetic resonance imaging (MRI), positron emission tomography (PET), radionuclide
                                                        bone scanning, or ultrasonography.
                                                      Note (2): Separately evaluate loss of vocal articulation, loss of smell, loss of taste, neurological impairment, respiratory dysfunc-
                                                        tion, and other impairments under the appropriate diagnostic code and combine under § 4.25 for each separately rated condi-
                                                        tion.
                                                      9900 Maxilla or mandible, chronic osteomyelitis, osteonecrosis or osteoradionecrosis of:
                                                           Rate as osteomyelitis, chronic under diagnostic code 5000.

                                                                *                     *                              *                                 *                                 *                                *                         *
                                                      9902 Mandible loss of, including ramus, unilaterally or bilaterally:
                                                          Loss of one-half or more,
                                                               Involving temporomandibular articulation.
                                                                    Not replaceable by prosthesis ........................................................................................................................................              70
                                                                    Replaceable by prosthesis .............................................................................................................................................             50
                                                               Not involving temporomandibular articulation.
                                                                    Not replaceable by prosthesis ........................................................................................................................................              40
                                                                    Replaceable by prosthesis .............................................................................................................................................             30
                                                          Loss of less than one-half,
                                                               Involving temporomandibular articulation.
                                                                    Not replaceable by prosthesis ........................................................................................................................................              70
                                                                    Replaceable by prosthesis .............................................................................................................................................             50
                                                               Not involving temporomandibular articulation.
                                                                    Not replaceable by prosthesis ........................................................................................................................................              20
                                                                    Replaceable by prosthesis .............................................................................................................................................             10
                                                      9903 Mandible, nonunion of, confirmed by diagnostic imaging studies:
                                                          Severe, with false motion .............................................................................................................................................................       30
                                                          Moderate, without false motion ....................................................................................................................................................           10
                                                      9904 Mandible, malunion of:
                                                          Displacement, causing severe anterior or posterior open bite ....................................................................................................                             20
                                                          Displacement, causing moderate anterior or posterior open bite ................................................................................................                               10
                                                          Displacement, not causing anterior or posterior open bite ..........................................................................................................                           0
                                                      9905 Temporomandibular disorder (TMD).
                                                          Interincisal range:
                                                               10 millimeters (mm) of maximum unassisted vertical opening.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                    With dietary restrictions to all mechanically altered food ..............................................................................................                           50
                                                                    Without dietary restrictions to mechanically altered foods ............................................................................................                             40
                                                               20 mm of maximum unassisted vertical opening.
                                                                    With dietary restrictions to all mechanically altered foods .............................................................................................                           40
                                                                    Without dietary restrictions to mechanically altered foods ............................................................................................                             30
                                                               29 mm of maximum unassisted vertical opening.
                                                                    With dietary restrictions to full liquid and pureed foods .................................................................................................                         40
                                                                    With dietary restrictions to soft and semi-solid foods ....................................................................................................                         30
                                                                    Without dietary restrictions to mechanically altered foods ............................................................................................                             20
                                                               34 mm of maximum unassisted vertical opening.
                                                                    With dietary restrictions to full liquid and pureed foods .................................................................................................                         30


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                                                                                        Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules                                                                                         44919

                                                                    With dietary restrictions to soft and semi-solid foods ....................................................................................................                                  20
                                                                    Without dietary restrictions to mechanically altered foods ............................................................................................                                      10
                                                          Lateral excursion range of motion:
                                                               0 to 4 mm ..............................................................................................................................................................................          10
                                                      Note (1): Ratings for limited interincisal movement shall not be combined with ratings for limited lateral excursion.
                                                      Note (2): For VA compensation purposes, the normal maximum unassisted range of vertical jaw opening is from 35 to 50 mm.
                                                      Note (3): For VA compensation purposes, mechanically altered foods are defined as altered by blending, chopping, grinding or
                                                        mashing so that they are easy to chew and swallow. There are four levels of mechanically altered foods: full liquid, puree,
                                                        soft, and semisolid foods. To warrant elevation based on mechanically altered foods, the use of texture-modified diets must
                                                        be recorded or verified by a physician.

                                                              *                      *                    *                               *                                 *                                *                                            *
                                                      9911 Hard palate, loss of:
                                                          Loss of half or more, not replaceable by prosthesis ....................................................................................................................                               30
                                                          Loss of less than half, not replaceable by prosthesis ..................................................................................................................                               20
                                                          Loss of half or more, replaceable by prosthesis ..........................................................................................................................                             10
                                                          Loss of less than half, replaceable by prosthesis ........................................................................................................................                              0

                                                                *                     *                                 *                                 *                                 *                                *                            *
                                                      9916 Maxilla, malunion or nonunion of:
                                                          Nonunion,
                                                               with false motion ...................................................................................................................................................................             30
                                                               without false motion ..............................................................................................................................................................               10
                                                          Malunion,
                                                               with displacement, causing severe anterior or posterior open bite ......................................................................................                                          30
                                                               with displacement, causing moderate anterior or posterior open bite ..................................................................................                                            10
                                                               with displacement, causing mild anterior or posterior open bite ..........................................................................................                                         0
                                                      Note: For VA compensation purposes, the severity of maxillary nonunion is dependent upon the degree of abnormal mobility of
                                                        maxilla fragments (i.e., presence or absence of false motion), and maxillary nonunion must be confirmed by diagnostic imag-
                                                        ing studies.
                                                      9917 Neoplasm, hard and soft tissue, benign.
                                                          Rate as loss of supporting structures (bone or teeth) and/or functional impairment due to scarring.
                                                      9918 Neoplasm, hard and soft tissue, malignant .............................................................................................................................                              100
                                                          Note: A rating of 100 percent shall continue beyond the cessation of any surgical, radiation, 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 such as loss of supporting structures (bone or teeth) and/or functional impairment due to scarring.



                                                      (Authority: 38 U.S.C. 1155)                                               ■ 3. Amend Appendix A to Part 4 by                                        adding diagnostic codes 9904, 9917 and
                                                                                                                                revising the entries for diagnostic codes                                 9918; and removing diagnostic codes
                                                                                                                                9900, 9902, 9903, 9905, 9911, 9916;                                       9906, 9907, and 9912 to read as follows:

                                                                                      APPENDIX A TO PART 4—TABLE OF AMENDMENTS AND EFFECTIVE DATES SINCE 1946
                                                                                                                            Diagnostic
                                                                                  Sec.                                      Code No.


                                                                    *                              *                                *                             *                               *                              *                        *

                                                                    *                              *                                *                         *                *                    *                      *
                                                                                                                                         9900     Criterion September 22, 1978; criterion February 17, 1994; title [effective date of
                                                                                                                                                    final rule].

                                                                    *                              *                                *                         *                        *                       *               *
                                                                                                                                         9902     Criterion February 17, 1994; evaluation [effective date of final rule]; title [effective
                                                                                                                                                    date of final rule].
                                                                                                                                         9903     Criterion February 17, 1994; evaluation [effective date of final rule]; title [effective
                                                                                                                                                    date of final rule].
                                                                                                                                         9904     Criterion [effective date of final rule].
                                                                                                                                         9905     Criterion September 22, 1978; evaluation February 17, 1994; evaluation [effective
                                                                                                                                                    date of final rule]; title [effective date of final rule].
                                                                                                                                         9906     Removed [effective date of final rule].
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                                                                                                                                         9907     Removed [effective date of final rule].

                                                                    *                              *                                *                        *                       *                                           *                        *
                                                                                                                                         9911     Criterion and title [effective date of final rule].
                                                                                                                                         9912     Removed [effective date of final rule].

                                                                    *                              *                                *                       *                      *                   *                                                  *
                                                                                                                                         9916     Added February 17, 1994; criterion [effective date of final rule].
                                                                                                                                         9917     Added [effective date of final rule].
                                                                                                                                         9918     Added [effective date of final rule].



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                                                      44920                             Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules

                                                                          APPENDIX A TO PART 4—TABLE OF AMENDMENTS AND EFFECTIVE DATES SINCE 1946—Continued
                                                                                                                             Diagnostic
                                                                                  Sec.                                       Code No.


                                                                    *                               *                               *                              *                               *                               *                          *



                                                      ■ 4. Amend Appendix B to Part 4 by                                        adding 9917 and 9918; and removing
                                                      revising the entries for diagnostic codes                                 9906, 9907, and 9912.
                                                      9900, 9902, 9903, 9905, and 9911;                                           The revisions read as follows:

                                                                                                              APPENDIX B TO PART 4—NUMERICAL INDEX OF DISABILITIES
                                                                 Diagnostic Code No.


                                                                    *                               *                               *                              *                               *                               *                          *

                                                                                                                                         DENTAL AND ORAL CONDITIONS

                                                      9900 ................................................     Maxilla or mandible, chronic osteomyelitis, osteonecrosis or osteoradionecrosis of.

                                                                *                                 *                         *                     *                       *                                                        *                          *
                                                      9902 ................................................     Mandible loss of, including ramus, unilaterally or bilaterally.
                                                      9903 ................................................     Mandible, nonunion of, confirmed by diagnostic imaging studies.

                                                                *                                 *                       *                   *                                                    *                               *                          *
                                                      9905 ................................................     Temporomandibular disorder (TMD).

                                                                *                                 *                          *                                     *                               *                               *                          *
                                                      9911 ................................................     Hard palate, loss of.

                                                                *                                 *                        *                     *                                                 *                               *                          *
                                                      9917 ................................................     Neoplasm, hard and soft tissue, benign.
                                                      9918 ................................................     Neoplasm, hard and soft tissue, malignant.

                                                                    *                               *                               *                              *                               *                               *                          *



                                                      ■ 5. Amend Appendix C to Part 4 by                                        adding 9917 and 9918; and removing                                            The revisions and additions read as
                                                      revising the entries for diagnostic codes                                 9906, 9907, and 9912.                                                       follows:
                                                      9900, 9902, 9903, 9905, and 9911;

                                                                                                           APPENDIX C TO PART 4—ALPHABETICAL INDEX OF DISABILITIES
                                                                                                                                                                                                                                                            Diagnostic
                                                                                                                                                                                                                                                            Code No.


                                                                *                    *                                 *                                 *                                 *                                *                                 *
                                                      Limitation of motion:
                                                           Temporomandibular ......................................................................................................................................................................                9905

                                                               *                   *                          *                                 *                                 *                                *                                          *
                                                      Mandible:
                                                         Including ramus, unilaterally or bilaterally ....................................................................................................................................                         9902

                                                               *                           *                                 *                                 *                                 *                                *                           *
                                                      Loss of:
                                                          Palate, hard ..................................................................................................................................................................................          9911
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                                                                 *                    *                     *                   *                        *                                *                                                                   *
                                                            Maxilla or mandible, chronic osteomyelitis, osteonecrosis or osteoradionecrosis of ..................................................................                                                  9900

                                                              *                                     *                               *                              *                               *                               *                          *
                                                      Neoplasms:
                                                         Benign:

                                                                   *                    *                                 *                                 *                                 *                                *                              *
                                                                   Hard and soft tissue ..............................................................................................................................................................             9917




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                                                                                     Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Proposed Rules                                                                                           44921

                                                                                            APPENDIX C TO PART 4—ALPHABETICAL INDEX OF DISABILITIES—Continued
                                                                                                                                                                                                                                                       Diagnostic
                                                                                                                                                                                                                                                       Code No.

                                                                *                                *                              *                               *                              *                              *                          *
                                                           Malignant:

                                                                 *                    *                                 *                                 *                                 *                                *                           *
                                                                 Hard and soft tissue ..............................................................................................................................................................           9918

                                                              *                   *                   *                               *                                 *                                *                                               *
                                                      Nonunion:
                                                         Mandible, confirmed by diagnostic imaging studies .....................................................................................................................                               9903

                                                                  *                              *                              *                               *                              *                              *                          *



                                                      [FR Doc. 2015–17266 Filed 7–27–15; 8:45 am]                            Postal Union (UPU), the Secretary of                                      Council following the 2008 and 2012
                                                      BILLING CODE 8320–01–P                                                 State’s lead role in international mail                                   Congresses.4
                                                                                                                             matters, and UPU procedures for                                           III. The Proposed Rules
                                                                                                                             regulating international mail. For
                                                      POSTAL REGULATORY COMMISSION                                           purposes of developing its views, the                                        The development of the Commission’s
                                                                                                                             Commission focuses on those proposals                                     views entails review and analysis of
                                                      39 CFR Part 3017                                                       that could affect a market dominant rate                                  numerous proposals, which typically
                                                                                                                             or classification.                                                        are posted on the UPU Web site
                                                      [Docket No. RM2015–14; Order No. 2602]
                                                                                                                                                                                                       pursuant to a series of deadlines that
                                                      Procedures Related to Commission                                       II. New Commission Responsibility                                         begin about 6 months before a Congress
                                                      Views                                                                  Under the Postal Accountability and                                       convenes. In July 2012, based on an
                                                                                                                             Enhancement Act (PAEA)                                                    interest in obtaining public input, the
                                                      AGENCY:      Postal Regulatory Commission.                                                                                                       Commission established a public
                                                      ACTION:     Proposed rulemaking.                                          Under section 407(c)(1) of the PAEA,                                   inquiry docket to solicit comments on
                                                                                                                             the Secretary of State, before concluding                                 the general principles that should guide
                                                      SUMMARY:    The Commission is proposing                                a treaty, convention, or amendment                                        the development of its views in
                                                      rules which establish the Commission’s                                 establishing a market dominant rate or                                    response to the anticipated request from
                                                      process for developing views to the                                    classification, shall request the                                         the Secretary of State.5
                                                      Secretary of State on certain                                          Commission’s views on the consistency                                        The Commission proposes
                                                      international mail matters. The                                        of such rate or classification with                                       formalizing the general approach it
                                                      proposed rules focus on those proposals                                modern rate-setting criteria.1 In the                                     adopted in 2012 by enacting rules
                                                      concerning international mail that could                               context of the UPU, the term ‘‘rate’’                                     providing for establishment of an
                                                      affect a market dominant rate or                                       typically refers to terminal dues.2                                       umbrella public inquiry docket
                                                      classification. The Commission invites                                                                                                           associated with each UPU Congress and
                                                      public comment on the proposed rules.                                     Since enactment of the PAEA, the                                       related meetings. Each docket will be
                                                                                                                             Secretary of State has requested—and                                      established on or about 150 days before
                                                      DATES: Comments are due: August 27,
                                                                                                                             the Commission has transmitted—its                                        the date the UPU Congress is scheduled
                                                      2015. Reply comments are due:
                                                                                                                             views on relevant proposals considered                                    to convene. This timeframe is designed
                                                      September 11, 2015.
                                                                                                                             at two UPU Congresses.3 The                                               to allow adequate time for commenters
                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                             Commission also has transmitted views                                     to prepare submissions (on general
                                                      David A. Trissell, General Counsel, at
                                                                                                                             to the Secretary of State on relevant                                     principles or on specific proposals, to
                                                      202–789–6820.
                                                                                                                             proposals considered at the initial                                       the extent such proposals are available).
                                                      SUPPLEMENTARY INFORMATION:                                             meeting of the Postal Operations                                          It also should allow the Commission
                                                      Table of Contents                                                                                                                                sufficient time to consider the
                                                      I. Introduction
                                                                                                                                1 See Postal Accountability and Enhancement                            comments and prepare its views.
                                                                                                                             Act, Public Law 109–435, 120 Stat. 3198 (2006),                              The proposed rules also reflect the
                                                      II. New Commission Responsibility Under                                section 405(a). 39 U.S.C. 407(c)(1) refers to a
                                                            the Postal Accountability and                                                                                                              Commission’s commitment to having
                                                                                                                             product subject to subchapter I of chapter 36 of the
                                                            Enhancement Act (PAEA)                                           title 39, United States Code. A product subject to                        the public inquiry docket serve as a
                                                      III. The Proposed Rules                                                the referenced chapter is a market dominant                               mechanism for handling related matters,
                                                      IV. Section-by-Section Analysis                                        product. Section 407(c)(1) also refers to the                             such as informing the public about the
                                                      V. Administrative Actions                                              standards and criteria established by the                                 availability of relevant proposals, the
                                                      VI. Ordering Paragraphs                                                Commission under section 3622. In this Order, the
                                                                                                                             phrase ‘‘modern rate regulation’’ is used in place of
                                                                                                                                                                                                       Commission’s views, or other
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                                                      I. Introduction                                                        statutory language referring to standards and                             documents. It also allows available
                                                                                                                             criteria established pursuant to 39 U.S.C. 3622.                          documents to be incorporated into one
                                                        This rulemaking addresses the                                           2 Terminal dues are the fees paid among postal
                                                      Commission’s process for developing                                    operators for the processing and delivery of                                4 In addition, the Commission has posted
                                                      views to the Secretary of State on                                     inbound letters, large envelopes, and small packets                       supplemental views on its Web site.
                                                      certain international mail matters                                     weighing up to 4.4 pounds. They are set every 4                             5 See Docket No. PI2012–1, Order No. 1420,
                                                                                                                             years by the UPU.                                                         Notice Providing Opportunity to Comment on
                                                      pursuant to 39 U.S.C. 407(c)(1).                                          3 The first UPU Congress following enactment of
                                                                                                                                                                                                       Development of Commission Views Pursuant to 39
                                                        The Commission develops its views                                    the PAEA was held in July 2008 in Geneva,                                 U.S.C. 407(c)(1), July 31, 2012. Comments
                                                      mainly in the context of the United                                    Switzerland; the second was held in September and                         submitted in that docket are available on the
                                                      States’ membership in the Universal                                    October 2012 in Doha, Qatar.                                              Commission’s Web site.



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Document Created: 2018-02-23 09:28:19
Document Modified: 2018-02-23 09:28:19
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 28, 2015.
ContactIoulia Vvedenskaya, Medical Officer, Part 4 VASRD Regulations Staff (211C), Compensation Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420, (202) 461-9700. (This is not a toll- free telephone number.)
FR Citation80 FR 44913 
RIN Number2900-AP08
CFR AssociatedDisability Benefits; Pensions and Veterans

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