Part 4--schedule For Rating Disabilities

[allan]

Federal Register: March 20, 2007 (Volume 72, Number 53)]

[Rules and Regulations]

[Page 12983-13016]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr20mr07-9]

=======================================================================

-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 4

RIN 2900-AM60

Schedule for Rating Disabilities; Appendices A, B, and C

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs (VA) is revising its

Schedule for Rating Disabilities, Appendices A, B, and C to include all

current diagnostic codes. Appendix A is also amended to include all the

diagnostic code historical information since the last review.

DATES: Effective Date: This amendment is effective April 19, 2007.

FOR FURTHER INFORMATION CONTACT: Trude Steele, Regulations Staff

(211D), Compensation and Pension Service, Veterans Benefits

Administration, Department of Veterans Affairs, 810 Vermont Avenue,

NW., Washington, DC 20420, (202) 273-7210.

SUPPLEMENTARY INFORMATION: The Schedule for Rating Disabilities, 38 CFR

Part 4, Appendices A, B, and C have not been updated since July 1,

1988. These Appendices are tools for users of the Schedule for Rating

Disabilities. The Appendices reflect changes to the diagnostic criteria

in the Schedule for Rating Disabilities.

We have amended the Appendices to add changes to the Schedule for

Rating Disabilities since the Appendices were last updated.

Additionally, we removed language in Appendix A that showed when a

diagnostic code was updated to correct spelling, revise text, or other

additional changes, which had no impact on the disability code. Those

changes were incorporated within the text when amended. All diagnostic

codes in Appendix A will now be categorized by when they were added,

removed, whether the criterion was amended, and whether the disability

evaluation was amended. We will continue to include the date for

historical purposes. We revised Appendices B and C to provide the

current diagnostic codes and disability terminology. We will continue

to update the Appendices as the Schedule for Rating Disabilities is

revised.

Administrative Procedures Act

This final rule merely replaces inaccurate examples and does not

alter the content of the regulations. Accordingly, there is a basis for

dispensing with prior notice and comment and the delayed effective date

provisions of 5 U.S.C. 553.

Paperwork Reduction Act

This document contains no provisions constituting a collection of

information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).

Regulatory Flexibility Act

The Secretary hereby certifies that this final rule will not have a

significant economic impact on a substantial number of small entities

as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-

612. This final rule would not affect any small entities. Only VA

beneficiaries could be directly affected. Therefore, pursuant to 5

U.S.C. 605(b), this final rule is exempt from the initial and final

regulatory flexibility analysis requirements of sections 603 and 604.

Executive Order 12866

Executive Order 12866 directs agencies to assess all 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,

and other advantages; distributive impacts; and equity). The Executive

Order classifies a ``significant regulatory action,'' requiring review

by the Office of Management and Budget (OMB) unless OMB waives such

review, as any regulatory action that is likely to result in a rule

that may: (1) Have an annual effect on the economy of $100 million or

more or adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities; (2) Create a serious inconsistency or otherwise interfere

with an action taken or planned by another agency; (3) Materially alter

the budgetary impact of entitlements, grants, user fees, or loan

programs or the rights and obligations of recipients thereof; or (4)

Raise novel legal or policy issues arising out of legal mandates, the

President's priorities, or the principles set forth in the Executive

Order.

The economic, interagency, budgetary, legal, and policy

implications of this final rule have been examined and it has been

determined not to be a significant regulatory action under Executive

Order 12866.

Unfunded Mandates

The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.

1532, that agencies prepare an assessment of anticipated costs and

benefits before issuing any rule that may result in the expenditure by

State, local, and tribal governments, in the aggregate, or by the

private sector, of $100 million or more (adjusted annually for

inflation) in any year. This final rule would have no such effect on

State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance Numbers and Titles

The Catalog of Federal Domestic Assistance program numbers and

titles for this final are 64.104, Pension for Non-Service-Connected

Disability for Veterans and 64.109, Veterans Compensation for Service-

Connected Disability.

List of Subjects in 38 CFR Part 4

Disability benefits, Pensions, Veterans.

Approved: March 2, 2007

Gordon H. Mansfield,

Deputy Secretary of Veterans Affairs.

0

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

set forth below:

PART 4--SCHEDULE FOR RATING DISABILITIES

The above information was taken in part from this link......

http://a257.g.akamaitech.net/7/257/2422/01...007/E7-4914.htm