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[Federal Register: July 31, 1996 (Volume 61, Number 148)]
[Rules and Regulations]
[Page 39873-39877]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 4

RIN 2900-AE95


Schedule for Rating Disabilities; Infectious Diseases, Immune
Disorders and Nutritional Deficiencies (Systemic Conditions)

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends that portion of the Department of
Veterans Affairs (VA) Schedule for Rating Disabilities concerning
Infectious Diseases, Immune Disorders and Nutritional Deficiencies
(formerly entitled Systemic Conditions). The effect of this action is
to update this portion of the rating schedule to ensure that it uses
current medical terminology, unambiguous criteria, and that it reflects
medical advances that have occurred since the last review.

EFFECTIVE DATE: This amendment is effective August 30, 1996.

FOR FURTHER INFORMATION CONTACT: Caroll McBrine, M.D., Consultant,
Regulations Staff, Compensation and Pension Service, Veterans Benefits
Administration, Department of Veterans Affairs, 810 Vermont Ave. NW,
Washington DC, 20420, (202) 273-7230.


SUPPLEMENTARY INFORMATION: As part of the first comprehensive review of
its Schedule for Rating Disabilities since 1945, VA published in the
Federal Register of April 30, 1993 (58 FR 26083-87) a proposal to amend
the portion of the Schedule for Rating Disabilities concerning Systemic
Conditions. This document has renamed that portion of the rating
schedule as Infectious Diseases, Immune Disorders and Nutritional
Deficiencies. Interested persons were invited to submit written
comments on or before June 29, 1993. We received comments from the
Disabled American Veterans and the Paralyzed Veterans of America.
    The final rule includes a diagnostic code (DC 6354) and diagnostic
criteria (38 CFR 4.88a) for chronic fatigue syndrome. These provisions
for chronic fatigue syndrome were added to the portion of the rating
schedule then titled Systemic Conditions by a final rule published in
the Federal Register of July 19, 1995 (60 FR 37012-13).


(...)


6354 Chronic Fatigue Syndrome (CFS):
    Debilitating fatigue, cognitive impairments (such as inability to
     concentrate, forgetfulness, confusion), or a combination of other
     signs and symptoms:
    Which are nearly constant and so severe as to restrict
     routine daily activities almost completely and which
     may occasionally preclude self-care...................          100
    Which are nearly constant and restrict routine daily
     activities to less than 50 percent of the pre-illness
     level, or; which wax and wane, resulting in periods of
     incapacitation of at least six weeks total duration
     per year..............................................           60
    Which are nearly constant and restrict routine daily
     activities to 50 to 75 percent of the pre-illness
     level, or; which wax and wane, resulting in periods of
     incapacitation of at least four but less than six
     weeks total duration per year.........................           40
    Which are nearly constant and restrict routine daily
     activities by less than 25 percent of the pre-illness
     level, or; which wax and wane, resulting in periods of
     incapacitation of at least two but less than four
     weeks total duration per year.........................           20
    Which wax and wane but result in periods of
     incapacitation of at least one but less than two weeks
     total duration per year, or; symptoms controlled by
     continuous medication.................................          10
    Note: For the purpose of evaluating this disability, the condition
     will be considered incapacitating only while it requires bed rest
     and treatment by a physician.
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[FR Doc. 96-19386 Filed 7-30-96; 8:45 am]
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