Department of Veterans Affairs § 4.114
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Department of Veterans Affairs § 4.114 DISEASES OF THE HEART—Continued § 4.111 Postgastrectomy syndromes. Rat- There are various postgastrectomy ing symptoms which may occur following anastomotic operations of the stom- With the following in affected parts: Arthralgia or other pain, numbness, ach. When present, those occurring or cold sensitivity plus two or during or immediately after eating and more of the following: tissue loss, known as the ‘‘dumping syndrome’’ are nail abnormalities, color changes, characterized by gastrointestinal com- locally impaired sensation, hyperhidrosis, X-ray abnormali- plaints and generalized symptoms sim- ties (osteoporosis, subarticular ulating hypoglycemia; those occurring punched out lesions, or osteo- from 1 to 3 hours after eating usually arthritis) ....................................... 30 present definite manifestations of Arthralgia or other pain, numbness, or cold sensitivity plus tissue hypoglycemia. loss, nail abnormalities, color changes, locally impaired sensa- § 4.112 Weight loss. tion, hyperhidrosis, or X-ray ab- normalities (osteoporosis, sub- For purposes of evaluating conditions articular punched out lesions, or in § 4.114, the term ‘‘substantial weight osteoarthritis) ............................... 20 loss’’ means a loss of greater than 20 Arthralgia or other pain, numbness, percent of the individual’s baseline or cold sensitivity ......................... 10 weight, sustained for three months or NOTE (1): Separately evaluate amputations of fingers or toes, and complications such as squamous cell longer; and the term ‘‘minor weight carcinoma at the site of a cold injury scar or pe- loss’’ means a weight loss of 10 to 20 ripheral neuropathy, under other diagnostic codes. percent of the individual’s baseline Separately evaluate other disabilities that have been diagnosed as the residual effects of cold in- weight, sustained for three months or jury, such as Raynaud’s phenomenon, muscle at- longer. The term ‘‘inability to gain rophy, etc., unless they are used to support an weight’’ means that there has been evaluation under diagnostic code 7122. substantial weight loss with inability NOTE (2): Evaluate each affected part (e.g., hand, foot, ear, nose) separately and combine the ratings to regain it despite appropriate ther- in accordance with §§ 4.25 and 4.26. apy. ‘‘Baseline weight’’ means the av- 7123 Soft tissue sarcoma (of vascular origin) .......... 100 erage weight for the two-year-period NOTE: A rating of 100 percent shall continue beyond preceding onset of the disease. the cessation of any surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure. Six (Authority: 38 U.S.C. 1155) months after discontinuance of such treatment, the [66 FR 29488, May 31, 2001] appropriate disability rating shall be determined by mandatory VA examination. Any change in evalua- tion based upon that or any subsequent examina- § 4.113 Coexisting abdominal condi- tion shall be subject to the provisions of § 3.105(e) tions. of this chapter. If there has been no local recur- There are diseases of the digestive rence or metastasis, rate on residuals. system, particularly within the abdo- men, which, while differing in the site (Authority: 38 U.S.C. 1155) of pathology, produce a common dis- [62 FR 65219, Dec. 11, 1997, as amended at 63 ability picture characterized in the FR 37779, July 14, 1998; 71 FR52460, Sept. 6, main by varying degrees of abdominal 2006] distress or pain, anemia and disturb- ances in nutrition. Consequently, cer- THE DIGESTIVE SYSTEM tain coexisting diseases in this area, as indicated in the instruction under the § 4.110 Ulcers. title ‘‘Diseases of the Digestive Sys- Experience has shown that the term tem,’’ do not lend themselves to dis- ‘‘peptic ulcer’’ is not sufficiently spe- tinct and separate disability evalua- cific for rating purposes. Manifest dif- tions without violating the funda- ferences in ulcers of the stomach or du- mental principle relating to odenum in comparison with those at an pyramiding as outlined in § 4.14. anastomotic stoma are sufficiently rec- ognized as to warrant two separate § 4.114 Schedule of ratings—digestive graduated descriptions. In evaluating system. the ulcer, care should be taken that Ratings under diagnostic codes 7301 the findings adequately identify the to 7329, inclusive, 7331, 7342, and 7345 to particular location. 7348 inclusive will not be combined 427 VerDate Mar<15>2010 08:26 Aug 11, 2010 Jkt 220140 PO 00000 Frm 00437 Fmt 8010 Sfmt 8010 Y:\SGML\220140.XXX 220140 erowe on DSK5CLS3C1PROD with CFR § 4.114 38 CFR Ch. I (7–1–10 Edition) with each other. A single evaluation Rat- will be assigned under the diagnostic ing code which reflects the predominant Pronounced; periodic or continuous pain disability picture, with elevation to unrelieved by standard ulcer therapy with peri- the next higher evaluation where the odic vomiting, recurring melena or hematemesis, and weight loss. Totally inca- severity of the overall disability war- pacitating ........................................................... 100 rants such elevation. Severe; same as pronounced with less pro- nounced and less continuous symptoms with Rat- definite impairment of health ............................ 60 ing Moderately severe; intercurrent episodes of ab- dominal pain at least once a month partially or 7200 Mouth, injuries of. completely relieved by ulcer therapy, mild and Rate as for disfigurement and impairment of transient episodes of vomiting or melena ........ 40 function of mastication. Moderate; with episodes of recurring symptoms 7201 Lips, injuries of. several times a year ......................................... 20 Rate as for disfigurement of face. Mild; with brief episodes of recurring symptoms 7202 Tongue, loss of whole or part: once or twice yearly .......................................... 10 With inability to communicate by speech ............. 100 7307 Gastritis, hypertrophic (identified by One-half or more .................................................. 60 gastroscope): With marked speech impairment ......................... 30 Chronic; with severe hemorrhages, or large ul- 7203 Esophagus, stricture of: cerated or eroded areas ................................... 60 Permitting passage of liquids only, with marked Chronic; with multiple small eroded or ulcerated impairment of general health ............................ 80 areas, and symptoms ....................................... 30 Severe, permitting liquids only ............................. 50 Chronic; with small nodular lesions, and symp- Moderate .............................................................. 30 toms .................................................................. 10 7204 Esophagus, spasm of (cardiospasm). Gastritis, atrophic. If not amenable to dilation, rate as for the de- A complication of a number of diseases, includ- gree of obstruction (stricture). ing pernicious anemia. 7205 Esophagus, diverticulum of, acquired. Rate the underlying condition. Rate as for obstruction (stricture). 7308 Postgastrectomy syndromes: 7301 Peritoneum, adhesions of: Severe; associated with nausea, sweating, cir- Severe; definite partial obstruction shown by X- culatory disturbance after meals, diarrhea, ray, with frequent and prolonged episodes of hypoglycemic symptoms, and weight loss with severe colic distension, nausea or vomiting, malnutrition and anemia ................................... 60 following severe peritonitis, ruptured appendix, Moderate; less frequent episodes of epigastric perforated ulcer, or operation with drainage .... 50 disorders with characteristic mild circulatory Moderately severe; partial obstruction mani- symptoms after meals but with diarrhea and fested by delayed motility of barium meal and weight loss ........................................................ 40 less frequent and less prolonged episodes of Mild; infrequent episodes of epigastric distress pain ................................................................... 30 with characteristic mild circulatory symptoms Moderate; pulling pain on attempting work or ag- or continuous mild manifestations .................... 20 gravated by movements of the body, or occa- 7309 Stomach, stenosis of. sional episodes of colic pain, nausea, con- Rate as for gastric ulcer. stipation (perhaps alternating with diarrhea) or 7310 Stomach, injury of, residuals. abdominal distension ........................................ 10 Rate as peritoneal adhesions. Mild ....................................................................... 0 7311 Residuals of injury of the liver: NOTE: Ratings for adhesions will be considered Depending on the specific residuals, separately when there is history of operative or other evaluate as adhesions of peritoneum (diag- traumatic or infectious (intraabdominal) proc- nostic code 7301), cirrhosis of liver (diagnostic ess, and at least two of the following: disturb- code 7312), and chronic liver disease without ance of motility, actual partial obstruction, re- cirrhosis (diagnostic code 7345). flex disturbances, presence of pain. 7312 Cirrhosis of the liver, primary biliary cirrhosis, 7304 Ulcer, gastric. or cirrhotic phase of sclerosing cholangitis: 7305 Ulcer, duodenal: Generalized weakness, substantial weight loss, Severe; pain only partially relieved by standard and persistent jaundice, or; with one of the fol- ulcer therapy, periodic vomiting, recurrent lowing refractory to treatment: ascites, hepatic hematemesis or melena, with manifestations encephalopathy, hemorrhage