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VA RIN: 2900-AQ72 Publication ID: Fall 2024 
Title: Schedule for Rating Disabilities-Ear, Nose, Throat, and Audiology Disabilities; Special Provisions Regarding Evaluation of Respiratory Conditions; Schedule for Rating Disabilities-Respiratory System 
Abstract:

The Department of Veterans Affairs (VA) is amending its regulations by revising the sections that address the ear, nose, throat, audiology, and respiratory systems and adds a diagnostic code for constrictive bronchiolitis (or obliterative bronchiolitis) (CB) to the regulations that govern the respiratory system. The purpose of these changes is to update medical terminology, incorporate medical advances that have occurred since the last review, and provide well-defined criteria in accordance with actual clinical practice.

 
Agency: Department of Veterans Affairs(VA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 38 CFR 4.85    38 CFR 4.87    38 CFR 4.96    38 CFR 4.97   
Legal Authority: 38 U.S.C. 501(a)    38 U.S.C. 1155   
Legal Deadline:  None

Statement of Need:

The current version of the VA Schedule for Rating Disabilities (VASRD) has not undergone a complete revision since 1945 and currently reflects outdated, inaccurate, or obsolete medical, scientific, and/or economic information. Within in this rule, the Department of Veterans Affairs (VA) will update medical terminology, incorporate medical advances, and provide disability compensation using more objective evaluation criteria consistent with current medical practice.

Summary of the Legal Basis:

In accordance with 38 U.S.C. 1155, The Secretary shall adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries, and shall from time to time readjust this schedule of ratings in accordance with experience.

Alternatives:

VA has considered two alternatives to the current update: 1.) Not updating the respiratory and Ear body systems. 2.) Not including VO2 Max and METs within the updated General Rating Formula for Respiratory Conditions. However, neither option is more appropriate than the current approach.

Anticipated Costs and Benefits:

Transfer benefit savings are estimated to be $17.0 million in 2024, $5.6 billion over five years, and $28.3 billion over 10 years.

Risks:

None identified.

Timetable:
Action Date FR Cite
NPRM  02/15/2022  87 FR 8474   
NPRM Comment Period End  04/18/2022 
Supplemental NPRM  09/12/2024  89 FR 74162   
Supplemental NPRM Comment Period End  10/15/2024 
Final Action  08/00/2025 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Dr. Gary Reynolds
Medical Officer
Department of Veterans Affairs
810 Vermont Avenue NW,
Washington, DC 20420
Phone:202 461-9700
Email: gary.reynolds3@va.gov