Code of Federal Regulations (alpha)

CFR /  Title 38  /  Part 4  /  Sec. 4.87 Schedule of ratings--ear.

Diseases of the Ear------------------------------------------------------------------------

Rating------------------------------------------------------------------------6200 Chronic suppurative otitis media, mastoiditis, or

cholesteatoma (or any combination):

During suppuration, or with aural polyps...................... 10

Note: Evaluate hearing impairment, and complications such as

labyrinthitis, tinnitus, facial nerve paralysis, or bone loss

of skull, separately.6201 Chronic nonsuppurative otitis media with effusion (serous

otitis media):

Rate hearing impairment6202 Otosclerosis:

Rate hearing impairment6204 Peripheral vestibular disorders:

Dizziness and occasional staggering........................... 30

Occasional dizziness.......................................... 10

Note: Objective findings supporting the diagnosis of

vestibular disequilibrium are required before a compensable

evaluation can be assigned under this code. Hearing

impairment or suppuration shall be separately rated and

combined.6205 Meniere's syndrome (endolymphatic hydrops):

Hearing impairment with attacks of vertigo and cerebellar gait 100

occurring more than once weekly, with or without tinnitus....

Hearing impairment with attacks of vertigo and cerebellar gait 60

occurring from one to four times a month, with or without

tinnitus.....................................................

Hearing impairment with vertigo less than once a month, with 30

or without tinnitus..........................................

Note: Evaluate Meniere's syndrome either under these criteria

or by separately evaluating vertigo (as a peripheral

vestibular disorder), hearing impairment, and tinnitus,

whichever method results in a higher overall evaluation. But

do not combine an evaluation for hearing impairment,

tinnitus, or vertigo with an evaluation under diagnostic code

6205.6207 Loss of auricle:

Complete loss of both......................................... 50

Complete loss of one.......................................... 30

Deformity of one, with loss of one-third or more of the 10

substance....................................................6208 Malignant neoplasm of the ear (other than skin only)....... 100

Note: A rating of 100 percent shall continue beyond the

cessation of any surgical, radiation treatment,

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 on

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.6209 Benign neoplasms of the ear (other than skin only):

Rate on impairment of function.6210 Chronic otitis externa:

Swelling, dry and scaly or serous discharge, and itching 10

requiring frequent and prolonged treatment...................6211 Tympanic membrane, perforation of.......................... 06260 Tinnitus, recurrent........................................ 10

Note (1): A separate evaluation for tinnitus may be combined

with an evaluation under diagnostic codes 6100, 6200, 6204,

or other diagnostic code, except when tinnitus supports an

evaluation under one of those diagnostic codes.

Note (2): Assign only a single evaluation for recurrent

tinnitus, whether the sound is perceived in one ear, both

ears, or in the head.

Note (3): Do not evaluate objective tinnitus (in which the

sound is audible to other people and has a definable cause

that may or may not be pathologic) under this diagnostic

code, but evaluate it as part of any underlying condition

causing it.------------------------------------------------------------------------ (Authority: 38 U.S.C. 1155) [64 FR 25210, May 11, 1999, as amended at 68 FR 25823, May 14, 2003] Sec. 4.87a Schedule of ratings--other sense organs. ------------------------------------------------------------------------

Rating------------------------------------------------------------------------6275 Sense of smell, complete loss.............................. 106276 Sense of taste, complete loss.............................. 10

Note: Evaluation will be assigned under diagnostic codes 6275

or 6276 only if there is an anatomical or pathological basis

for the condition.------------------------------------------------------------------------ (Authority: 38 U.S.C. 1155) [64 FR 25210, May 11, 1999]

Infectious Diseases, Immune Disorders and Nutritional Deficiencies Sec. 4.88 [Reserved] Sec. 4.88a Chronic fatigue syndrome.

(a) For VA purposes, the diagnosis of chronic fatigue syndrome requires:

(1) new onset of debilitating fatigue severe enough to reduce daily activity to less than 50 percent of the usual level for at least six months; and

(2) the exclusion, by history, physical examination, and laboratory tests, of all other clinical conditions that may produce similar symptoms; and

(3) six or more of the following:

(i) acute onset of the condition,

(ii) low grade fever,

(iii) nonexudative pharyngitis,

(iv) palpable or tender cervical or axillary lymph nodes,

(v) generalized muscle aches or weakness,

(vi) fatigue lasting 24 hours or longer after exercise,

(vii) headaches (of a type, severity, or pattern that is different from headaches in the pre-morbid state),

(viii) migratory joint pains,

(ix) neuropsychologic symptoms,

(x) sleep disturbance.

(b) [Reserved] [59 FR 60902, Nov. 29, 1994] Sec. 4.88b Schedule of ratings--infectious diseases, immune disorders and nutritional deficiencies. ------------------------------------------------------------------------

Rating------------------------------------------------------------------------6300 Cholera, Asiatic:

As active disease, and for 3 months convalescence...... 100

Thereafter rate residuals such as renal necrosis under the

appropriate system6301 Visceral Leishmaniasis:

During treatment for active disease.................... 100

Note: A 100 percent evaluation shall continue beyond the cessation

of treatment for active disease. 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. Rate residuals

such as liver damage or lymphadenopathy under the appropriate

system.

6302 Leprosy (Hansen's Disease):

As active disease...................................... 100

Note: A 100 percent evaluation shall continue beyond the date that

an examining physician has determined that this has become

inactive. Six months after the date of inactivity, 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. Rate residuals such as skin lesions or peripheral

neuropathy under the appropriate system.

6304 Malaria:

As active disease...................................... 100

Note: The diagnosis of malaria depends on the identification of the

malarial parasites in blood smears. If the veteran served in an

endemic area and presents signs and symptoms compatible with

malaria, the diagnosis may be based on clinical grounds alone.

Relapses must be confirmed by the presence of malarial parasites in

blood smears.

Thereafter rate residuals such as liver or spleen damage under the

appropriate system

6305 Lymphatic Filariasis:

As active disease...................................... 100

Thereafter rate residuals such as epididymitis or lymphangitis under

the appropriate system6306 Bartonellosis:

As active disease, and for 3 months convalescence...... 100

Thereafter rate residuals such as skin lesions under the appropriate

system6307 Plague:

As active disease...................................... 100

Thereafter rate residuals such as lymphadenopathy under the

appropriate system6308 Relapsing Fever:

As active disease...................................... 100

Thereafter rate residuals such as liver or spleen damage or central

nervous system involvement under the appropriate system6309 Rheumatic fever:

As active disease...................................... 100

Thereafter rate residuals such as heart damage under the appropriate

system6310 Syphilis, and other treponemal infections:

Rate the complications of nervous system, vascular system, eyes or

ears. (See DC 7004, syphilitic heart disease, DC 8013,

cerebrospinal syphilis, DC 8014, meningovascular syphilis, DC 8015,

tabes dorsalis, and DC 9301, dementia associated with central

nervous system syphilis)6311 Tuberculosis, miliary:

As active disease...................................... 100

Inactive: See Sec. Sec. 4.88c and 4.89.6313 Avitaminosis:

Marked mental changes, moist dermatitis, inability to 100

retain adequate nourishment, exhaustion, and cachexia.

With all of the symptoms listed below, plus mental 60

symptoms and impaired bodily vigor....................

With stomatitis, diarrhea, and symmetrical dermatitis.. 40

With stomatitis, or achlorhydria, or diarrhea.......... 20

Confirmed diagnosis with nonspecific symptoms such as: 10

decreased appetite, weight loss, abdominal discomfort,

weakness, inability to concentrate and irritability...6314 Beriberi:

As active disease:

With congestive heart failure, anasarca, or Wernicke- 100

Korsakoff syndrome....................................

With cardiomegaly, or; with peripheral neuropathy with 60

footdrop or atrophy of thigh or calf muscles..........

With peripheral neuropathy with absent knee or ankle 30

jerks and loss of sensation, or; with symptoms such as

weakness, fatigue, anorexia, dizziness, heaviness and

stiffness of legs, headache or sleep disturbance......

Thereafter rate residuals under the appropriate body

system.6315 Pellagra:

Marked mental changes, moist dermatitis, inability to 100

retain adequate nourishment, exhaustion, and cachexia.

With all of the symptoms listed below, plus mental 60

symptoms and impaired bodily vigor....................

With stomatitis, diarrhea, and symmetrical dermatitis.. 40

With stomatitis, or achlorhydria, or diarrhea.......... 20

Confirmed diagnosis with nonspecific symptoms such as: 10

decreased appetite, weight loss, abdominal discomfort,

weakness, inability to concentrate and irritability...6316 Brucellosis:

As active disease...................................... 100

Thereafter rate residuals such as liver or spleen damage or

meningitis under the appropriate system6317 Typhus, scrub:

As active disease, and for 3 months convalescence...... 100

Thereafter rate residuals such as spleen damage or skin conditions

under the appropriate system6318 Melioidosis:

As active disease...................................... 100

Thereafter rate residuals such as arthritis, lung lesions or

meningitis under the appropriate system6319 Lyme Disease:

As active disease...................................... 100

Thereafter rate residuals such as arthritis under the appropriate

system6320 Parasitic diseases otherwise not specified:

As active disease...................................... 100

Thereafter rate residuals such as spleen or liver damage under the

appropriate system6350 Lupus erythematosus, systemic (disseminated):

Not to be combined with ratings under DC 7809 Acute, 100

with frequent exacerbations, producing severe

impairment of health..................................

Exacerbations lasting a week or more, 2 or 3 times per 60

year..................................................

Exacerbations once or twice a year or symptomatic 10

during the past 2 years...............................

Note: Evaluate this condition either by combining the evaluations

for residuals under the appropriate system, or by evaluating DC

6350, whichever method results in a higher evaluation.

6351 HIV-Related Illness:

AIDS with recurrent opportunistic infections or with 100

secondary diseases afflicting multiple body systems;

HIV-related illness with debility and progressive

weight loss, without remission, or few or brief

remissions............................................

Refractory constitutional symptoms, diarrhea, and 60

pathological weight loss, or; minimum rating following

development of AIDS-related opportunistic infection or

neoplasm..............................................

Recurrent constitutional symptoms, intermittent 30

diarrhea, and on approved medication(s), or; minimum

rating with T4 cell count less than 200, or Hairy Cell

Leukoplakia, or Oral Candidiasis......................

Following development of definite medical symptoms, T4 10

cell of 200 or more and less than 500, and on approved

medication(s), or; with evidence of depression or

memory loss with employment limitations...............

Asymptomatic, following initial diagnosis of HIV 0

infection, with or without lymphadenopathy or

decreased T4 cell count...............................

Note (1): The term ``approved medication(s)'' includes medications

prescribed as part of a research protocol at an accredited medical

institution.

Note (2): Psychiatric or central nervous system manifestations,

opportunistic infections, and neoplasms may be rated separately

under appropriate codes if higher overall evaluation results, but

not in combination with percentages otherwise assignable above.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 100

routine daily activities almost completely and which

may occasionally preclude self-care...................

Which are nearly constant and restrict routine daily 60

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..............................................

Which are nearly constant and restrict routine daily 40

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.........................

Which are nearly constant and restrict routine daily 20

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.........................

Which wax and wane but result in periods of 10

incapacitation of at least one but less than two weeks

total duration per year, or; symptoms controlled by

continuous medication.................................

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.------------------------------------------------------------------------ [61 FR 39875, July 31, 1996] Sec. 4.88c Ratings for inactive nonpulmonary tuberculosis initially entitled after August 19, 1968. ------------------------------------------------------------------------

Rating------------------------------------------------------------------------For 1 year after date of inactivity, following active 100

tuberculosis...................................................Thereafter: Rate residuals under the specific body system or

systems affected.Following the total rating for the 1 year period after date of

inactivity, the schedular evaluation for residuals of

nonpulmonary tuberculosis, i.e., ankylosis, surgical removal of

a part, etc., will be assigned under the appropriate diagnostic

code for the residual preceded by the diagnostic code for

tuberculosis of the body part affected. For example,

tuberculosis of the hip joint with residual ankylosis would be

coded 5001-5250. Where there are existing residuals of

pulmonary and nonpulmonary conditions, the evaluations for

residual separate functional impairment may be combined.Where there are existing pulmonary and nonpulmonary conditions,

the total rating for the 1 year, after attainment of

inactivity, may not be applied to both conditions during the

same period. However, the total rating during the 1-year period

for the pulmonary or for the nonpulmonary condition will be

utilized, combined with evaluation for residuals of the

condition not covered by the 1-year total evaluation, so as to

allow any additional benefit provided during such period.------------------------------------------------------------------------ [34 FR 5062, Mar. 11, 1969. Redesignated at 59 FR 60902, Nov. 29, 1994]