The diagnostic code numbers appearing opposite the listed ratable disabilities are arbitrary numbers for the purpose of showing the basis of the evaluation assigned and for statistical analysis in the Department of Veterans Affairs, and as will be observed, extend from 5000 to a possible 9999. Great care will be exercised in the selection of the applicable code number and in its citation on the rating sheet. No other numbers than these listed or hereafter furnished are to be employed for rating purposes, with an exception as described in this section, as to unlisted conditions. When an unlisted disease, injury, or residual condition is encountered, requiring rating by analogy, the diagnostic code number will be “built-up” as follows: The first 2 digits will be selected from that part of the schedule most closely identifying the part, or system, of the body involved; the last 2 digits will be “99” for all unlisted conditions. This procedure will facilitate a close check of new and unlisted conditions, rated by analogy. In the selection of code numbers, injuries will generally be represented by the number assigned to the residual condition on the basis of which the rating is determined. With diseases, preference is to be given to the number assigned to the disease itself; if the rating is determined on the basis of residual conditions, the number appropriate to the residual condition will be added, preceded by a hyphen. Thus, rheumatoid (atrophic) arthritis rated as ankylosis of the lumbar spine should be coded “5002-5240.” In this way, the exact source of each rating can be easily identified. In the citation of disabilities on rating sheets, the diagnostic terminology will be that of the medical examiner, with no attempt to translate the terms into schedule nomenclature. Residuals of diseases or therapeutic procedures will not be cited without reference to the basic disease.
[41 FR 11293, Mar. 18, 1976, as amended at 70 FR 75399, Dec. 20, 2005]
Notes of Decisions
Lawrence M. Tropf v. R. James Nicholson, 20 Vet. App. 317 (Vet. App. 2006).
· cites it 10× “38 C.F.R. § 4.27 and the Appellant's Back Injury Although the Secretary contests only the remedy, a brief discussion of the applicable regulation is warranted because the Court has never analyzed the portion of 38 C.”
Ulysses Copeland v. Robert A. McDonald, 27 Vet. App. 333 (Vet. App. 2015).
· cites it 4× “" 38 C.F.R. § 4.27 (2014). For conditions that are not specifically listed in the Schedule, VA regulations provide that those conditions may be rated by analogy under the DC for "a closely related disease or injury.”
Durden v. Colvin, 191 F. Supp. 3d 429 (M.D. Penn. 2016).
“veteran’s impairment as categorized by diagnostic *446 codes (“DC”) ( 38 C.F.R. § 4.27 ) that correlate to different impairments and then the degree of impairment severity is assigned a rating ranging from zero to 100 percent, in increments of ten.”
Adams v. United States, 117 Fed. Cl. 628 (Fed. Cl. 2014).
· cites it 6× “B-14; see also *646 38 C.F.R. § 4.27 (2005) (containing similar guidance).”
William R. Sowers v. Robert A. McDonald, 27 Vet. App. 472 (Vet. App. 2016).
“27 (2015), which provides that “[w]hen an unlisted disease, injury, or residual condition is encountered, requiring rating by analogy, the DC number will be 'built-up' as follows: The first 2 digits will be selected from that part of the schedule most closely identifying the…”
Green v. West, 11 Vet. App. 472 (Vet. App. 1998).
· cites it 4× “Regarding analogous ratings generally, 38 C.F.R. § 4.27 instructs that unlisted conditions first be given a “built-up” diagnostic code, “[t]he first 2 digits [being] selected from that part of the schedule most closely identifying the part, or system, of the body involved; the…”
Lendenmann v. Principi, 3 Vet. App. 345 (Vet. App. 1992).
“” See 38 C.F.R. § 4.27 (1991). The “additional specific” diagnostic code employed by the VA here was “6204,” which is for “Labyrinthitis, chronic.”
Suttmann v. Brown, 5 Vet. App. 127 (Vet. App. 1993).
“” 38 C.F.R. § 4.27 (1992). An analogous rating thus may be assigned only where the service-connected condition is “unlisted”.”
Breland v. McDonough, 22 F.4th 1347 (Fed. Cir. 2022).
“” 38 C.F.R. § 4.27 . Case: 20-2199 Document: 34 Page: 9 Filed: 01/11/2022 BRELAND v.”
Thomas M. Nyeholt v. Sec'y of Vets. Affairs, 298 F.3d 1350 (Fed. Cir. 2002).
“” The Secretary also argues that in the case in which a veteran does not qualify for a one hundred percent disability rating, the schedule of ratings provides sufficient standards concerning what specific rating a veteran would receive because of the ability to assign hyphenated…”
Reald v. Shinseki, 651 F.3d 1296 (Fed. Cir. 2011).
“” 38 C.F.R. § 4.27 . Here, the extent of the Board’s action was to identify for the first time the specific situs of Read’s disability so as to determine the Diagnostic Code that properly correlates the benefit to which Read is entitled and the injury he incurred.”
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