PREC 6-94 Application of former Rating Schedule Provisions governing Loss of Part of Skull - Diagnostic Code 5296 Citation: Vet. Aff. Op. Gen Couns. Prec. 6-94, VAOPGCPREC 6-94, 1994 QUESTIONS PRESENTED: a. Prior to March 10, 1976, did Diagnostic Code 5296 contain a system for rating skull loss under which single skull holes were rated exclusively by comparison to coin size and multiple skull holes were rated exclusively based on reference to a specified area in square inches? b. If so, what was the rationale for such a system and was it legally supportable? HELD: a. Former Diagnostic Code 5296, as in effect prior to March 10, 1976, established a bifurcated system of assigning disability ratings for partial skull loss, under which ratings could be assigned either on the basis of the aggregate of two or more areas of skull loss or on the size of a single area of skull loss. Prior to the 1976 revision, this diagnostic code provided for assignment of a 50-percent rating where: (1) there were two or more areas of skull loss whose aggregate area exceeded 2 square inches, or (2) there was a single area of skull loss which was greater in size than a 50-cent piece. Similarly, the prior provisions of the diagnostic code provided a 30-percent rating where: (1) there were two or more areas of skull loss whose aggre- gate area exceeded 1 square inch, or (2) there was a single area of skull loss which was greater in size than a 25-cent piece. b. The establishment of such rating criteria necessarily implies a finding that a single area of skull loss greater than a specified size was considered to represent a greater impairment of earning capacity than two or more smaller areas having a greater aggregate area. We cannot conclude that establishment of such criteria was outside the scope of the Administrator of Veterans' Affairs' discretion under |
