Federal Register/Vol. 83, No. 68/Monday, April 9, 2018/Rules And
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15068 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations for emergencies. The Coast Guard will disorders of the breast. VA provided a continue to be rated under diagnostic also inform the users of the waterways 60-day public comment period and code 7615. Therefore, VA makes no through our Local and Broadcast interested persons were invited to changes based on this comment. Notices to Mariners of the change in submit written comments on or before One commenter wanted to include operating schedule for the bridge so April 28, 2015. VA received 13 premature hysterectomy secondary to vessel operators may arrange their comments. menorrhagia as an additional transits to minimize any impact caused Several commenters expressed their gynecological disability in the rating by the temporary deviation. support for the proposed rule and schedule. VA evaluates service- In accordance with 33 CFR 117.35(e), thanked VA for promoting gender connected hysterectomy under the drawbridge must return to its regular equality in the rating schedule. diagnostic codes 7617 and 7618. The operating schedule immediately at the One commenter demanded cause of the hysterectomy may be a end of the effective period of this compensation for his multiple factor in determining service temporary deviation. This deviation debilitating health issues, which he connection, but is not important in from the operating regulations is attributed to exposure to toxic evaluating the condition. Therefore, VA authorized under 33 CFR 117.35. substances at Fort McClellan. He also makes no changes based on this urged VA to pass the Fort McClellan comment. Dated: April 2, 2018. Health Registry Act, H.R. 411, 113th One commenter suggested adding a Christopher J. Bisignano, Cong. (2013). Several commenters stated new diagnostic code or adjusting an Supervisory Bridge Management Specialist, their belief that their multiple medical existing code for infertility due to the First Coast Guard District. conditions are due to exposure to toxic loss or loss of use of other organs [FR Doc. 2018–07215 Filed 4–6–18; 8:45 am] substances at Fort McClellan and asked besides the uterus and ovaries, BILLING CODE 9110–04–P to be considered for service connection. specifically fallopian tubes. The Another commenter provided commenter asserted that, with respect to information about his medical the uterus and ovaries, the minimum DEPARTMENT OF VETERANS conditions, which he stated he rating for a condition that causes AFFAIRS developed after his reservist’s training at infertility is 20 percent and that this Fort McClellan that involved chemical rating does not take into account 38 CFR Part 4 agent training. These comments focus symptoms, only whether the organs are on issues of service connection, rather able to function reproductively. RIN 2900–AP13 than the appropriate rating for already Therefore, the commenter asserts that Schedule for Rating Disabilities; service-connected disabilities, and any damage to any part of the female Gynecological Conditions and individual claims for VA benefits, reproductive system that causes Disorders of the Breast which are beyond the scope of this infertility should result in at least a 20 rulemaking. Regarding the commenter’s percent evaluation. AGENCY: Department of Veterans Affairs. request that VA ‘‘pass’’ the Fort While tubal damage may be ACTION: Final rule. McClellan Health Registry Act, VA associated with infertility, infertility is notes that this act is a Congressional act not in itself a disability for VA rating SUMMARY: This document amends the and not before VA. This comment is purposes. It does not result in the loss Department of Veterans Affairs (VA) also beyond the scope of this of average earning capacity. See 38 CFR Schedule for Rating Disabilities rulemaking. Therefore, VA makes no 4.1 (stating that the purpose of the rating (VASRD) by revising the portion of the changes to the proposed rule based on schedule is to represent the average rating schedule that addresses these comments. impairment in earning capacity gynecological conditions and disorders One commenter had a question about resulting from diseases and injuries in of the breast. The effect of this action is the proposed note to diagnostic code civil occupations). Diagnostic code to ensure that this portion of the rating 7615 ‘‘Ovary, disease, injury, or 7614, Fallopian tube, disease, injury, or schedule uses current medical adhesions of’’ asking if the note would adhesions of, provides disability ratings terminology and to provide detailed and create a narrow category for disability for functional impairment due to updated criteria for evaluation of evaluation by identifying dysmenorrhea symptoms associated with fallopian gynecological conditions and disorders and secondary amenorrhea. The tube damage. If loss or loss of use of a of the breast. commenter’s concern is not entirely creative organ due to service-connected DATES: Effective Date: This rule is clear. To the extent the commenter is fallopian tube damage is present, VA effective on May 13, 2018. asking whether VA considers will consider special monthly dysmenorrhea and secondary compensation under the provisions of FOR FURTHER INFORMATION CONTACT: amenorrhea disabilities for rating 38 CFR 3.350(a). VA makes no changes Ioulia Vvedenskaya, M.D., M.B.A., purposes, the note to diagnostic code based on this comment. Medical Officer, Part 4 VASRD 7615 provides that dysmenorrhea and The same commenter proposes to add Regulations Staff (211C), Compensation secondary amenorrhea shall be rated the diagnosis of repeated miscarriages to Service, Veterans Benefits under that diagnostic code. To the the list of presumptive conditions for Administration, Department of Veterans extent the commenter is asking whether female veterans who have been exposed Affairs, 810 Vermont Avenue NW, identification of dysmenorrhea and to radiation, herbicides, or other Washington, DC 20420, (202) 461–9700. secondary amenorrhea in the note limits environmental factors that could (This is not a toll-free telephone the application of diagnostic code 7615 negatively impact the ability of a fetus number.) to those diseases, it does not. to properly develop and carry to full SUPPLEMENTARY INFORMATION: VA Dysmenorrhea and secondary term. The commenter also suggested VA published a proposed rule in the amenorrhea are only examples of provide for an award of special monthly Federal Register at 80 FR 10637 on diseases that would be rated under compensation under the provisions of February 27, 2015, to amend 38 CFR diagnostic code 7615. Other § 3.350(a) for repeated miscarriages of 4.116, the portion of the VASRD dealing impairments associated with disease, an unknown etiology while on active with gynecological conditions and injury, or adhesions of the ovaries will duty. Miscarriages themselves are not VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15069 disabilities for VA rating purposes, as higher combined evaluation. The and skin symptoms, which will now be they do not result in impairment of commenter further questioned whether evaluated separately as described in the earning capacity. See 38 CFR 4.1. The rating the manifestations separately revised note to diagnostic code 7621. proposed rating criteria provide for would constitute ‘‘pyramiding’’ under Second, VA agrees with the adequate ratings based on impairment 38 CFR 4.14. commenter that information should be in earning capacity due to service- The same commenter also indicated added to the proposed note under connected damage to reproductive that the Pelvic Organ Prolapse diagnostic code 7621 to clarify how organs, which may include chronic Quantification (POP–Q) scoring system rating personnel should evaluate residuals of medical or surgical upon which proposed diagnostic code urinary and digestive symptoms complications of pregnancy incurred 7621 was based does not correlate with associated with pelvic organ prolapse. during service. Additionally, special the severity of symptoms affecting Specifically, VA is adding information monthly compensation may be multiple body systems. In addition, the to the note under diagnostic code 7621 warranted for loss or loss of use of a same commenter suggested that VA add to clarify that rating personnel should creative organ due to service-connected a note to diagnostic code 7621 to clarify separately evaluate any genitourinary, disability. See 38 CFR 3.350(a)(1). that functional impairment of other digestive, or skin symptoms under the Updating the list of presumptive body systems, including the urinary and appropriate diagnostic code(s) and conditions for veterans who have been the digestive systems, as a result of combine all evaluations with the 10 exposed to radiation, herbicides, or pelvic organ prolapse, shall be percent evaluation under diagnostic other environmental factors is beyond evaluated under the appropriate code 7621. With this clarification, VA the scope of this rulemaking, which is diagnostic codes. ensures that women with pelvic organ about the rating of conditions which Evaluations under proposed prolapse will receive adequate levels of have been service connected, not about diagnostic code 7621 were intended to compensation based on the functional which diseases should be subject to represent the average severity of impairment